Under Kentucky law, property owners possess a duty to keep their property safe. Therefore, anytime an individual gets hurt on a property owner’s premises, there may be a “premise liability” action arising from the action.
In Kentucky, the injured person usually must show that the property owner was negligent in the maintenance, ownership, control, or repair of the property. Indeed, negligence can include a showing that the property owner knew or should have known of an unsafe condition and failed to take appropriate measures to fix the condition. Property owners have a duty to use ordinary care to identify and repair dangers on the property and warn guests and visitors of known dangers.
For a successful claim, the injured party must prove 4 prongs
- Duty of care
- Breach of that duty
Even if the injured party may have been partially at fault for their injury, they still may be able to recover for some of their damages under Kentucky law.