A slip and fall claim is a negligence claim based on the allegation that the property owner failed to maintain his property in a safe condition. The property owner’s failure resulted in a ‘slip and fall’ to the injured party. Slip and fall is known as a TORT claim. Property owners generally have two basic defenses to slip and fall claims.
1. The property owner was not negligent. The property owner can assert that the unsafe condition that caused the fall occurred moments before the fall and thus he was not responsible. Property owners are not required to guarantee an injury free environment. Property owner must exercise due diligence and act with reasonable care to discover unsafe conditions.
2. The second defense is that the person who fell was at fault. The property owner may assert that the injured person was the negligent party by not exercising due diligence for his own safety.
A plaintiff must demonstrate that the other party owed them a duty, that duty was breached and the breach caused the injury. In KY the possessor of land has a duty to an invitee to maintain his property in a reasonable and safe condition.
Obvious hazard- both the condition and risk are apparent and would be recognized by a reasonable person, exercising ordinary perception, intelligence and judgment. If the danger in open and obvious the analysis continues. Does the landowner foresee the danger? Did the landowner have an obligation to reduce or eliminate the risk based on the anticipation of harm.
