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Articles Posted in Premises Liability

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With the severe winter weather that recently swept through Kentucky, Kentuckians and those visiting the bluegrass were confronted with dangerous conditions from ice and snow. It is often impossible to predict Kentucky’s weather from one day to the next—especially in the winter months. Ice and snow can create very dangerous conditions with parking lots, sidewalks, stairs and other walkways exposed to the elements.

So what should you do if you slip and fall on someone else’s property and have sustained an injury? If you believe you have been injured or if you sustain an obvious injury, it is important to go to the doctor as soon possible not only to document how and when the fall occurred, but also to begin your treatment and assess your injuries. If your injuries are not documented in a medical record, it can make pursuing any potential claim much more difficult.

Land owners and operators open to the public in Kentucky have a general duty to ensure their premises are reasonably safe and to provide such safeguards against injury from ice and/or snow as any ordinarily prudent owner and operator would under the same or similar circumstances. In other words, owners and operators have the responsibility to take steps necessary to remove any known dangerous conditions on the premises.

Often times, a third-party snow removal company has been hired to take on the responsibility of eliminating dangerous conditions which may arise on the property. Like with any industry, the skill and attention to detail for third-party snow removal companies can vary widely. These third-party contractors can range anywhere from a one man crew with insufficient equipment and assistance who attempts this type of work on the side all the way to professional snow removal companies using the industry’s best equipment who only do snow and ice removal. Despite this, the responsibility of land owners and operators along with any third-party contractor remains the same. Continue reading

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Varellas & Varellas has settled a personal injury and wrongful death case for the full homeowner’s policy limits after the Plaintiff suffered head and brain injuries at the home of the Defendant which subsequently led to her death. The Defendant’s homeowner’s insurance company initially offered no settlement and then only offered 10% of the available insurance proceeds with a take-it-or-leave-it offer, contending it would secure a complete dismissal of the claim for insurance based on exemptions in the policy. The Plaintiff rejected the low offer and proceeded to secure a judgment of liability against the Defendant and then secured a judgment finding that the various exclusions claimed by the insurance company did not in fact apply to the Plaintiff’s claims. The full amount of insurance proceeds were then offered and recovered as compensation for the Plaintiff’s injuries and wrongful death.

Contact us locally at 859-252-4473 or 502-595-7955 or call us toll free at 877-634-1519. You can also use our online form to talk with one of our experienced trial lawyers about your potential claim involving wrongful death, dog attack, car or truck wreck, nursing home neglect or abuse, medical malpractice or other personal injury.

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Varellas & Varellas has reached the largest settlement with the Lexington-Fayette Urban County Government since at least 2005 in a premises liability case on behalf of a man who fell in a construction pit that the Plaintiff alleged was improperly marked since it failed to warn of the depth of the pit or the danger to those near it. The Plaintiff suffered head and spine injuries and alleged general negligence as well as failure to adhere to various state and federal OSHA standards regarding construction around the pit itself and the failure to use fall protection measures near the pit. These included 29 CFR 1926.501(b)(1) (guardrail systems, safety net systems, and personal fall arrest systems) and 1926.502(i) (floor hole covers and railings), 29 CFR 1910(a)(8)(ii) (duty to have fall protection), 803 KAR 2:303(2)2 (floor openings railings and attendance of safety personnel), among others.

A fall safety engineer and multiple medical experts were prepared to testify at the upcoming trial before the settlement was reached. Since the Plaintiff worked for another company at the time of the injury, in addition to the injury case settled with LFUCG, the Plaintiff reached an additional workers’ compensation settlement for a lump sum and for the payment of future medical expenses in the hybrid personal injury/workers’ compensation case.

D. Todd Varellas was lead counsel working with other attorneys and another law firm in successfully litigating the case. Todd focuses his practice on civil personal injury and wrongful death cases. Todd has been successful in settling numerous cases for his clients and has recently tried multiple personal injury and wrongful death cases to a verdict. One of his recent trials resulted in a jury verdict of $2.402 million (reduced to $2.269 million after apportionment).

One of our experienced trial attorneys is available to discuss your potential claim involving personal injury, nursing home abuse or neglect, motor vehicle collision, wrongful death, medical malpractice or trucking wreck claims. Contact us at 877-634-1519 or via our online form.

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