In January of 2013, the United States District Court for the Western District of Kentucky decided a Louisville personal injury case that involved a woman who got her hand injured while using a postal mail box. (See Payne v. United States Postal Service, 2013 WL 183951 (W.D. Ky. 2013)) Plaintiff’s Louisville personal injury lawyer claimed that the drop box was unreasonably dangerous and that the post office failed to adequately warn her of it. id.
In this Louisville personal injury case the defendant moved for summary judgment asking the court to dismiss the case. The movant of such a motion has the burden of showing that there are no genuine issues of fact. The facts must be such that if they were proven at trial, a reasonable jury could return a verdict for the non-moving party. This case is brought by Plaintiff’s Louisville personal injury lawyer under the Federal Tort Claims Act because it involved the United States Postal Service.
“The Supreme Court of Kentucky recently reiterated that, “as a general rule, land possessors owe a duty to invitees to discover unreasonably dangerous conditions on the land and to either correct them or warn of them.” (cites omitted). “A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.” (cites omitted).
The Louisville plaintiff was injured on or about June 28, 2008. The steel mailbox receptacle shut on her left hand. The Louisville injured plaintiff argued by her Louisville personal injury lawyer that the USPS failed to identify an unreasonable danger presented by the drop box. Id.
The Court in this Louisville personal injury case then looked at what duties a possessor of land had to an invitee. A possessor of land owes such an invitee to prevent injures 1) from hidden dangers which he fails to correct or of which he fails to adequately warn, and 2) from open and obvious dangers which he should anticipate will cause the harm to his invitee despite the obviousness of the risk. (cites omitted).
In this Louisville personal injury case the plaintiff’s personal injury lawyer was not able to show that the drop box malfunctioned or was in a defective condition at the time the plaintiff was injured. Also, the Louisville personal injury lawyer was not able to show that warning was missing when in fact there was such a warning. The defendant in this personal injury case owed her no further duty and the drop box was not a defective product nor was there any foreseeable duty to protect her from the way she put the item into the drop box.
If you have been the subject of a Louisville personal injury case, please call and speak to a Louisville personal injury lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!