It’s almost the New Year, and many of us are preparing our New Year’s resolutions. For many, the New Year is a time to focus on self-improvement, whether it be going to the gym more often, picking up a new sport or hobby, or eating healthier. For others, the focus is on “letting go,” vowing to spend more time outside and travel more often. This is especially true this year when most of us have been cooped up in the house more than we’d like during the COVID-19 pandemic. Whatever New Year’s resolution you set your sights on, it is important to remember to stay safe.
At the Gladstein Law Firm, PLLC, we represent those injured in all types of accidents. Whether you’ve been injured in a Kentucky auto accident, bus crash, or slip and fall, we can help. As a former insurance defense attorney, Attorney Seth Gladstein, the founder of our firm, has extensive experience litigating injury cases from both sides, giving him a unique perspective into how these large companies handle claims. With our help, you may be able to obtain compensation for the injuries you’ve sustained.
Can a New Year’s Resolution Be Dangerous?
The idea of a New Year’s resolution is to make some incremental improvement to your life. However, when picking up a new hobby, you may be exposing yourself to unknown hazards. Whether you make a promise to yourself to spend more time at the gym, go on runs more often, or pick up a hobby like yoga, the possibility of injury is ever-present. Let’s take a look at a few common New Year’s resolutions and how they could end in disaster.
Go to the gym –- Perhaps the most common New Year’s resolutions revolve around getting into shape. However, gyms are full of potentially dangerous equipment that, when improperly maintained, can cause serious injury. Of course, gyms and fitness clubs are responsible for maintaining a safe environment and can be held liable for their failure to do so.
Run more often – Running is a great way to get into shape. However, unless you buy an expensive treadmill, you will likely need to run outside. Many runners prefer to head out early in the morning or late at night when the roads are less busy. However, especially during the winter months, this is also when it is the darkest outside. This can put you in danger of being struck by a driver who is not paying attention.
Pick up yoga – Many who practice yoga find that it provides them with both a physical and mental workout. Yoga studios offer a range of classes geared towards beginners to help them learn the practice. However, like a gym, there may be hidden dangers in a yoga studio. Some of the most common hazards involve wet floors, defective equipment, and instructors who recommend poses that are inappropriate for beginners.
Travel more – Given the fact that many of us have been locked up at home far more than we’d like, traveling more often is likely to be a common New Year’s resolution for 2021. Whether it be by car, bus, or airplane, all forms of travel pose certain risks. Travelers should be aware of these risks, as well as what they can do to recover compensation from the responsible parties in the event of an accident.
Whatever hobby you choose to focus on this year, it shouldn’t result in you being in a worse place than you were before you picked it up. If you’ve been injured due to another’s negligence, reach out to an attorney to discuss your options.
Recovering through a Kentucky Injury Claim
Under state law, those injured due to another’s negligence can pursue an injury claim against the party or parties responsible for their injuries. Most Kentucky injury claims require the injured party to prove that the defendant was legally negligent. This entails proving that the defendant violated a duty of care they owed to the accident victim and that the defendant’s breach of that duty resulted in the victim’s injuries. While this sounds straightforward – and sometimes it is – that is not always the case. In many situations, the at-fault party will claim that the accident victim shared responsibility for their injuries or was solely responsible for the incident. This can dramatically decrease an accident victim’s total recovery amount.
Kentucky employs a “pure comparative negligence” standard when determining which accident victims can recover compensation after an accident. Under this doctrine, an accident victim’s damages will be reduced by their percentage of fault. For example, assume Sue slipped and fell while traversing the gym towards her favorite machine. If Sue’s damages are $150,000, and the jury finds that she was 20% at fault because she was not paying full attention at the time of the fall, she would only recover $120,000 instead of the full $150,000. This represents her total damages, less than 20% due to her own role in bringing about her injuries. Given this reality, it is crucial that anyone injured in a slip and fall, auto accident, or any other type of injury accident, work with a dedicated attorney to maximize their potential recovery.
Reach Out to an Experienced Injury Legal Team for Immediate Assistance
If your New Year’s resolution ends up having a negative effect on your life because of another’s negligence, you may be entitled to financial compensation to help you cover your accident-related expenses. At the Gladstein Law Firm, PLLC, we want to help. For more than 20 years, we have been helping accident victims and their families recover the money they need and deserve after a serious accident. Of course, money is not a substitute for your good health. However, by collecting the damages you deserve, you can at least begin the process of moving on with your life. To learn more and schedule a free consultation, call us today or contact us through our online form. There is no risk in calling because we will never bill you unless we can help you recover compensation for your injuries.
