Business owners are often liable for injuries to their customers. The duty owed generally is one of “reasonable care” to make the premises safe. In Kentucky, however, there are three definite routes for a business owner to escape liability, without even getting to the question of what amounts to “reasonable care.”

Route 1: If the hazard in question is a natural outdoor hazard which is as obvious to the customer as it is to the premises owner, then there is no liability. EXAMPLE: A spectator at an outdoor theater slips and falls in a mud puddle, due to recent rains. The puddle was six feet wide and the slip and the fall happened in broad daylight. There should be no liability on the theater owner.

Route 2: If the hazard was not caused by the owner or its employees and the hazard was not present for a sufficient period of time, so as to give the owner a chance to remove it or provide a warning. EXAMPLE: A customer spills a drink on a supermarket floor. Store cameras establish that the spilled drink was there for less than a minute, before the injured party slipped in it and fell. There should be no liability on the supermarket.

Route 3: If the hazard is known to or obvious to the customer, the business owner owes no duty of care. EXAMPLE: A multi-floor department store is repouring concrete to repair a damaged section of floor. The area is barricaded off, but a customer accidentally falls into the section of floor. There should be no liability on the department store.

For a good discussion on business owners’ liability, see Horne v. Precision Cars of Lexington (click here for the link).