Slip and Fall in Kentucky: Proving the Property Owner Was at Fault

Kentucky changed how 'open and obvious' hazards are treated. Learn what you must prove in a slip-and-fall case and why evidence disappears fast.

Not every fall is someone else's fault

To win a Kentucky slip-and-fall (premises liability) case, you generally must show that a dangerous condition existed, the property owner knew or should have known about it, they failed to fix it or warn you, and that condition caused your injury. Simply falling on someone's property is not enough.

Kentucky's shift on 'open and obvious' hazards

For years, Kentucky barred recovery if a hazard was 'open and obvious.' More recent Kentucky Supreme Court decisions changed that, folding open-and-obvious hazards into the comparative-fault analysis. Now the question is usually how fault is shared — not an automatic bar — which gives more injured people a path to recovery.

Evidence vanishes quickly

Surveillance video is often overwritten within days, spills get cleaned up, and 'wet floor' signs appear after the fact. Reporting the incident immediately, getting it documented in writing, and photographing the hazard right away are crucial. An attorney can send a preservation letter for the video before it's gone.

Common serious fall injuries

Broken hips and wrists, head injuries, and spinal damage are common, particularly for older adults. These can require surgery and long rehabilitation, making proper claim valuation important.

If you were hurt by a dangerous condition on someone's property, call 973-566-5599 for a free review.