If a customer slips or falls while on a small Kentucky business' property, that person may be entitled to seek compensation by filing a premises liability claim against that business. This is because small business owners are responsible for ensuring that the property is free from hazards for customers.
Businesses have what is called a duty of care when it comes to their customers. This means that the owner of the small business is responsible for providing maintenance of the property. As such, owners must provide a proper inspection of the premises, ensure that customers are made aware of any potential hazards that cannot be repaired or have not yet been repaired, and make repairs as they become necessary.
There are a small number of instances when an owner may not be held reliable for hazards. This includes very recent hazards that the owner was unaware of. For example, if a handrail suddenly becomes loose or unstable and results in a fall, there is only a small possibility that the owner would be held liable. However, if the handrail has been loose for some time or there is evidence that the handrail could become unstable at any moment, such as if there is a large amount of rust present, the owner should have been aware that maintenance was needed, and they could be held liable.
If a person suffers injuries while on a property due to hazardous conditions, he or she may be entitled to seek compensation by filing a premises liability claim. If the business knew about the hazard, failed to repair the hazard in a timely manner or failed to warn the person about the hazard, the business may be responsible for medical expenses, lost wages and legal costs. An attorney may file the claim and represent the person during negotiations or during litigation if the case is not resolved out of court.