A wet floor, damaged stairs or an uneven walkway can create a hazardous condition. You may have questions about responsibility and legal options. In Kentucky, a property owner may be liable when a dangerous condition causes injury and the owner fails to take reasonable steps to correct it or provide an adequate warning.
What makes a property unsafe?
Potential hazards include conditions that create an unreasonable risk for visitors, such as:
- Wet floors without warning signs
- Damaged steps or loose floor tiles
- Uneven sidewalks or walkways
- Inadequate lighting that prevents visitors from seeing hazards
However, not every defect establishes legal responsibility. The facts of each incident matter.
What if the danger was easy to see?
A danger that is easy to see does not automatically prevent a claim. In Shelton v. Kentucky Easter Seals Society, Inc., the Kentucky Supreme Court explained that a readily visible hazard does not automatically remove a property owner’s duty of reasonable care. Whether the owner acted reasonably depends on the circumstances, including whether the owner should have anticipated that someone could still be injured.
When may a property owner be at fault?
Property owners must use reasonable care to maintain safe conditions for visitors. They may be responsible if they knew about a hazardous condition or should have discovered it, but failed to correct it or provide an appropriate warning.
A store may need to inspect for spills and remove them within a reasonable time. What is reasonable depends on the property’s circumstances, the hazard and the risk it presents.
A visitor’s legal status may also affect the owner’s responsibilities. Customers, social guests and people who enter without permission may have different rights under Kentucky law.
What should you do after a fall?
If you fall at a store, business or home in Lexington or elsewhere in Central Kentucky, document the scene with photographs if possible. Notify the owner or manager, obtain medical care and retain records of your treatment. Record the names of witnesses who observed the incident.
Kentucky generally requires personal injury claims to be filed within one year, although the deadline may depend on the circumstances of the case. Because exceptions may apply, promptly reviewing your options with an attorney can help protect your claim. You can review information about slip-and-fall injuries and possible steps to take after an accident.
