Kaufman & Stigger, PLLC help people in Kentucky that are injured in trip-and-fall accidents caused by potholes. A pothole is usually associated with a bicycle or motorcycle accident, but you can just as easily fall victim to one when you’re on foot. And while the process is a bit different, your rights aren’t. We can help you through it all. Set up a free consultation today.
Why Would I Need a Lawyer?
A trip and fall caused by a pothole can happen in a split second, and at first, it might feel like just bad luck. You step onto a sidewalk, parking lot, or other walkway, your foot catches, and suddenly you’re on the ground. It’s jarring, confusing, and even embarrassing—but the consequences can last far longer than the moment itself. The biggest question for you, at least initially, is: do you need legal help? That depends on the circumstances, but given how complicated the situation is, you probably do. That’s where our team can step in and help you with:
- Understanding your options and the path forward.
- Getting the right information and evidence.
- Figuring out who exactly is responsible for what happened.
- Making your way through the claims process, whether that’s in court or outside of court.
Most of all, we want to keep the focus on the real issue: whether the pothole should have been fixed and who was responsible for maintaining that area. Acting quickly matters—potholes get patched, sidewalks get repaired, and evidence disappears fast.
What Information Can Help Me After My Accident?
After a pothole trip and fall, the first few hours and days are crucial for protecting your claim. Evidence fades fast, and a lot of key details can be lost if you wait. Here’s what you should try to get in terms of information:
- Pictures/video. Try to get the pothole’s size, depth, and location. Also try to get landmarks or objects for scale, like a curb, railing, or your shoe. Wide shots can also show visibility, lighting, and how the pothole might have been missed.
- Damage to your things. Keep torn shoes, damaged clothing, or dropped items before anything is replaced.
- Witness information. Names, phone numbers, and what they saw. Even brief statements can be helpful.
- Police reports or incident reports. Ask how to get a copy of a police or incident report. This will provide a neutral account of what happened, and also write down your own recollection while it’s fresh.
Getting as much of this information early on as you can will give your claim a solid foundation. But again, this can be hard to get–especially because the responsible people are going to try to clean things up quickly once they’re aware of the accident.
Who’s Legally Responsible for a Trip and Fall Caused by a Pothole in Kentucky?
Outside of your injuries, the biggest issue with a trip-and-fall accident that happens because of a pothole is figuring out who exactly is responsible. That’s hard to do in this situation, but figuring it out usually comes down to:
- Whether the property owner or agency knew—or really should have known—about the pothole and didn’t fix it in time.
So, with that, legal responsibility could fall on:
- The state government
- The local city or county government
- A private homeowner
- A business
These details can get tricky because, most of the time, multiple people are involved. But at least knowing who exactly is legally responsible is the first step in holding them accountable for injuries and losses.
What Kind of Claim Can I File After One of These Accidents?
If you’re injured in a trip and fall caused by a pothole, you can file a claim—but exactly how depends on who’s responsible for the property where you fell. In general, there are two main paths:
- Government property. Sidewalks, public parking lots, or state-owned facilities usually fall under a state or local agency. Claims for these accidents are handled through the Kentucky Board of Claims, which has some important rules:
- You must file within one year of the accident
- Your damages need to be at least $250
- Total recovery is capped at $250,000
- Private property. if the fall happened at a store, apartment complex, or other privately owned area, the process is more familiar. You would typically file a claim with the property owner’s insurance or, if that doesn’t work, file a personal injury lawsuit in civil court.
Either way, the financial support you can go after is similar and focuses on how the fall has impacted (and will continue to impact) your life. That’s your “damages,” and they can include things like:
- Medical expenses now and in the future
- Lost income or reduced earning potential
- Repair or replacement of clothing, phones, or other property damaged in the fall
- Physical pain, emotional distress, and ongoing problems
- Changes to your daily life or long-term limitations
Where the fall happened matters. Some areas are prone to repeated hazards, and understanding that context can explain not only what caused the accident, but also why the pothole or unsafe condition was left unrepaired.
Where Do Potholes Really Cause Trip and Fall Accidents in Kentucky?
Potholes aren’t random hazards—they tend to appear in predictable places. And even though they’re more associated with bicycle or motorcycle accidents, they still cause problems for people on foot. As such, a trip-and-fall with a pothole usually happens in places like:
- Older sidewalks and city streets that see a lot of foot traffic but slow or patchy maintenance
- Parking lots and entrances, where vehicles and pedestrians meet and potholes can easily form
- Transition areas, like where a sidewalk meets a driveway or where a city sidewalk connects to a state road
- Construction zones or temporary surfaces, which break down quickly and create hazards for anyone passing through
- Poorly lit areas, where potholes aren’t visible until it’s too late
These accidents aren’t usually about carelessness. Property owners or local agencies have a duty to maintain these areas. When that duty is ignored, people get hurt, and the hazard itself becomes the focus—not the moment you tripped. We can help you through the process to make sure your needs are taken care of.
Contact Kaufman & Stigger After a Trip and Fall in Kentucky
A trip and fall from a pothole can leave you in pain, frustrated, and unsure of what to do next. You expect sidewalks, parking lots, and other walkways to be reasonably safe. When they aren’t, it’s natural to feel overwhelmed and uncertain.
At Kaufman & Stigger, PLLC, we help injured people understand what caused their fall, who may be responsible, and what steps actually matter next. We guide you through the claims process, help protect evidence, and make sure deadlines or paperwork don’t derail your case. Reach out today to set up your free consultation.
