SLIP AND FALL INJURIES IN KENTUCKY
blog by Anna Aleksander, Attorney
Premises Liability in Kentucky in short when something bad happens to you on another’s premises. The injury occurs due to the negligence or wrongdoing of the premises owner.
Kentucky Law Differentiates based on the status of the individual. In other words ask yourself how is it that I ended up at this location?
You are either an invitee, a licensee or merely a trespasser.
Invitee: You are on the premises for the benefit of the owner. For example you are shopping at Wal-Mart. You are eating at a Restaurant, or you are doing laundry in a Laundromat when suddenly you slip on a puddle of liquid. The business owes you a duty of reasonable care to discover and to prevent dangerous conditions and/or to warn you.
Licensee: You have permission to be on premises but you are not there for the benefit of the owner. Example: You are meeting a friend in a lobby of an office building next to a park and then the two of you are going to the park. You may not be a trespasser if this building allows general public to enter it’s premises, however you are not there for the benefit of the landowner either and therefore you are a licensee. However, if for example the building lobby had a newspaper stand and you went there to buy a newspaper then you maybe an invitee. The business owes you a duty of reasonable care to warn you or dangerous conditions that they know about and about which you don’t know. They also have a duty to maintain their premises in a safe condition. They would be liable for gross negligence if they acted willfully or intentionally resulting in your injury.
Trespasser– You are not supposed to be on the premises. Owner would only be liable for the intentional, willful, wanton, or reckless conduct that resulted in/caused your injury.
Different standards apply based on your status and different duties of care.
Invitees are owed a higher standard of care than trespassers.
IF YOU’VE BEEN INJURED ON THE PREMISES OF A BUSINESS ESTABLISHMENT OR EVEN IN SOMEONE’S HOUSE, MAKE SURE TO CALL ATTORNEY ANNA ALEKSANDER T DISCUSS YOUR POTENTIAL CLAIM.
STATUTE OF LIMITATIONS IN PREMISES LIABILITY CASE- In Kentucky it is 1 year from the date of the injury, unless an exception to the rule applies. Discuss your claim with a lawyer.
OPEN AND OBVIOUS NO LONGER A COMPLETE BAR TO RECOVERY!!
The Supreme Court noted that a landowner is not excused from his own reasonable obligations to insure the safety of his premises “just because a plaintiff has failed to a degree, however slight, in looking out for his own safety.”