Articles Tagged with premises liability

One key defense used in the tort action of slip-and-fall premises liability is the “open and obvious doctrine.” While property owners have a duty to maintain the site to be reasonably safe to guests, those guests also have a duty to avoid dangers that are glaringly open and obvious.hotel

However, the defense isn’t absolute. Florida courts will apply the doctrine of comparative fault – that is, the percentage of fault held by the injured party – to determine whether damages should be reduced accordingly. Many other state courts do the same.

In the recent case of Carter v. Bullitt Host, LLC, the Kentucky Supreme Court reversed an earlier grant of summary judgment favoring defendant in a slip-and-fall case, finding the lower courts failed to properly apply the comparative fault doctrine in a slip-and-fall lawsuit wherein the slippery condition was naturally-occurring and the hazard was deemed open and obvious. Rather than determine what percentage of fault plaintiff had in the case (potentially reducing damages), the lower courts simply rejected his claim outright. The state high court held that was improper, and a jury should decide the percentage of fault apportioned to each party for the accident and injury. Continue reading ›

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