In September of 2010, the United States District Court for the Western District of Kentucky heard a case involving a woman who slip and fell and suffered injuries from that fall. The case is Karrer v. Mac’s Convenience Stores, LLC, 2010 W 3781711 (W.D.Ky.)). In Karrer the facts are as follows.
The Plaintiff sued for a slip and fall accident in Louisville, Kentucky. Plaintiff sued for injuries due to the unsafe condition of Defendant’s premises and due to inadequate warnings concerning the condition of those premises.
On the day of Plaintiff’s slip and fall accident it was wet outside which caused slippery conditions within Defendants’ store. Just prior to Plaintiff arriving at the store, Defendant placed a floor mat directly outside the front entrance to the store, and another mat directly inside the front entrance. Defendant also placed two caution signs in the front of the store, on either side of the indoor floor mat. Further, a store employee was also moping the interior of the store in an effort to combat the slippery conditions.
Plaintiff on the day of her slip and fall accident, walked inside and past the mat and signs. She went down an aisle to get a soda and that is where she slipped and fell. After she fell, Plaintiff noticed that the floor in this area was wet where she had fallen because her hands and pants were wet.
As to this Kentucky slip and fall case, both parties agreed that Plaintiff was an invitee. Where an invitee establishes that a foreign substance on the proprietor’s premises was a substantial factor in causing her injury, under Kentucky law, the proprietor owes the invitee the duty to exercise reasonable care to discover the dangerous condition and to correct it or warn invitees about its existence.
Thus, the question becomes did Defendant do enough to correct the known dangerous condition or to warn its customers of the condition. The Court believed that in this case there were questions of facts for a jury to determine and thus the Defendant’s Motion for Summary Judgment was denied. Thus, the case remained on the jury trial docket for a determination of whether or not the slip and fall accident was the Defendant’s fault or not.
If you have been the subject of a Louisville slip and fall accident, please call and speak to a Louisville slip and fall lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
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