Slip and Fall Accidents: When Is a Property Owner Liable in Kentucky?
If you slipped, tripped, or fell on someone else’s property and were injured, you may have a premises liability claim. But not every fall on someone else’s property gives rise to a lawsuit. Under Kentucky law, the property owner’s liability depends on the specific circumstances — including what caused the fall, whether the owner knew about the hazard, and your status on the property.
The Basics of Premises Liability in Kentucky
Property owners and occupiers in Kentucky owe a duty of care to people who enter their property. The extent of that duty depends on the visitor’s legal status. For invitees — people invited onto the property for the owner’s benefit, like customers in a store — the property owner owes the highest duty: to discover and correct (or warn about) unreasonably dangerous conditions. For licensees — social guests and others on the property with permission but not for the owner’s commercial benefit — the owner must warn of known hidden dangers. For trespassers, the duty is minimal — generally just to avoid willful or wanton harm.
What You Need to Prove
To prevail in a slip and fall case in Kentucky, you generally need to show that a dangerous condition existed on the property (a wet floor, an icy sidewalk, a broken step, poor lighting, an uneven surface), that the property owner knew or should have known about the condition, that the owner failed to correct it or warn about it within a reasonable time, and that the condition caused your fall and resulting injuries.
The “knew or should have known” element is often the most contested. A grocery store isn’t automatically liable every time a customer slips on a grape — the store must have had notice of the hazard (either actual notice or constructive notice based on how long the hazard existed) and failed to address it.
Comparative Fault Applies
Remember that Kentucky’s pure comparative fault rule (KRS 411.182) applies to slip and fall cases. If you were distracted by your phone, wearing inappropriate footwear, or ignored a warning sign, your recovery will be reduced by your percentage of fault. The defense will look for every possible basis to assign fault to you.
Preserve the Evidence
If you fall on someone else’s property, document the scene immediately if possible — photograph the hazard, your injuries, and the surrounding area. Report the incident to the property owner or manager and ask them to create an incident report. Get the names of any witnesses. And seek medical attention promptly — not only for your health, but to create a medical record linking your injuries to the fall.
If you’ve been injured in a fall on someone else’s property, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
