Premises Liability (Slip & Fall) Claims in Louisville, Kentucky
If you were injured because a property wasn’t reasonably safe—like a wet floor, broken step, uneven pavement, poor lighting, or a known hazard left unaddressed—you may have a premises liability claim.
I am Attorney Jim Desmond with Desmond Law Office, PLLC, in Louisville. My practice is focused solely on car and motorcycle wrecks. Nevertheless, fairly often, I got calls for premises liability cases, also known as slip and fall cases. For those calls, I tell them about my friend, Attorney Joe Pepper of the Pepper Law Office. I have worked with Joe for over 25 years, and if I had a slip and fall claim, I would not hesitate to use him as my own attorney.
Joseph T. Pepper, Pepper Law Office, is a Louisville attorney who handles premises liability cases regularly, and yes, I am confident he can help you as well.
If you were injured through a slip and fall, you should talk to a lawyer about your injuries and your legal right to recover for your pain and suffering claim.
I would suggest you contact Attorney Joseph T. Pepper directly (premises liability counsel). His contact information is:
Joseph T. Pepper – Pepper Law Office
10200 Forest Green Boulevard, Suite 112
Louisville, KY 40223
T: 502-587-1111 | F: 502-587-1118
Why I refer premises liability cases to Joseph T. Pepper
Premises cases are won and lost on details: how the hazard formed, how long it was there, what warnings existed, what maintenance policies were in place, whether video was preserved, and what a jury would consider reasonable. All these factors are crucial to make a successful personal injury claim, and yes, Insurance carriers fight fault in these cases hard and with all their resources.
Attorney Joseph Pepper brings deep premises liability experience—including appellate work in front of the Kentucky Supreme Court. In Shelton v. Kentucky Easter Seals Society, Inc., 413 S.W.3d 901 (Ky. 2013), the Kentucky Supreme Court reversed summary judgment and emphasized that even where a condition is open and obvious, the inquiry typically focuses on whether the duty of reasonable care was fulfilled (breach), causation, and comparative fault—not on pretending the landowner owed “no duty” at all. That was one of the many premises cases handled by Attorney Pepper.
Common premises liability cases (examples)
Premises liability injuries can happen at stores, restaurants, apartment complexes, hotels, hospitals, and parking lots. Common scenarios include:
- Slip and fall: spills, tracked-in water, icy entrances, freshly mopped floors without adequate precautions
- Trip and fall: uneven sidewalks, broken steps, curled mats, cords, cluttered walkways
- Stairs/handrails: loose or missing rails, worn treads, poor lighting
- Parking lot hazards: potholes, broken curbs, inadequate lighting, unmarked obstacles
- Negligent security: preventable assaults or injuries where security measures were unreasonably lacking
Kentucky “open and obvious” hazards: what that really means
Insurance companies often claim a hazard was “open and obvious” to try to end the case early. Kentucky law requires a more careful analysis.
In Shelton, the Court explained that, under the modern approach, there may be no duty to warn of an open-and-obvious condition—but the landowner’s general duty to maintain the premises in a reasonably safe condition is not eliminated.
Kentucky’s analysis (in practical terms) generally asks:
- What duty exists based on the relationship (often invitee/land possessor),
- Was that duty breached, and
- Is liability limited by comparative fault?
What to do after a slip, trip, or fall
If you can do so safely:
- Report the incident immediately and request an incident report
- Photograph/video the hazard (including lighting, signage, floor conditions, weather/ice, steps/handrails)
- Identify witnesses and get contact information
- Get medical care and describe exactly how the injury occurred
- Preserve shoes/clothing (don’t clean/alter them)
- Avoid recorded statements to insurers until you’ve gotten legal advice
Damages that may be available
Depending on the facts, a premises liability claim may include:
- Medical expenses (past and future)
- Lost wages / reduced earning capacity
- Pain and suffering
- Permanent impairment
FAQ
Do I have a case if I fell in a store or restaurant?
Possibly. These cases often turn on whether the business knew or should have known of the condition and whether reasonable safety steps were taken.
What if the hazard was obvious?
“Obvious” doesn’t automatically end the case. Kentucky law can still require an analysis of breach, causation, and comparative fault rather than a blanket “no duty” defense.
How long do I have to act?
Deadlines can be strict, and evidence (especially video) can disappear fast. The safest move is to speak with counsel promptly.
If your injury involves unsafe property conditions (slip/trip/fall, stairs/handrails, lighting issues, negligent maintenance), you can:
- Contact Joseph T. Pepper (Pepper Law Office): 502-587-1111
Disclaimer: This page is for general information only and is not legal advice. Contacting a lawyer does not create an attorney-client relationship. Outcomes depend on facts and law.