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Monday October 6, 2014

Changes in Slip and fall cases in Kentucky
posted by Thomas Ebendorf
Tags: In the news 


Individuals suffering serious injury from slipping and falling in a store or on the walk or driveway of a store frequently come to the attention of lawyers together with the question, “Is the store liable for the injury I received?”  In the past, the law has been that although a business has a duty to exercise ordinary care to keep the premises in reasonably safe condition, this duty of reasonable care does not ordinarily require the business to warn visitors if the unsafe condition is so obvious that the visitor might be expected to see the problem in plenty of time to avoid it.  This obligation to avoid open and obvious unsafe conditions made it easy for the Courts to dismiss cases at the beginning of any trial and left the victim with no case to pursue. 

The previous standard has changed.  In the September, 2014, Bench & Bar magazine, attorneys Ed Massey and Randy J. Blankenship wrote a detailed and comprehensive discussion of the change in this law that may very well benefit victims and make it easier for an individual to get relief.  Attorneys Massey and Blankenship write, “No longer may a defendant obtain summary judgment simply by saying the hazard is obvious.  In the overwhelming majority of cases, the obviousness of the hazard is now but one factor for the jury to consider in determining whether the defendant breached its duty to provide a safe premises.”  Please contact our office if you would like to discuss an issue related to this topic.