A leisurely stroll outside a restaurant in Kentucky can quickly become a distressing event if one trips, falls and hurts oneself. When such an incident occurs, understanding who holds responsibility becomes a critical issue. Fault in these situations often hinges on various factors, including the conditions that led to the fall.
This article will help shed light on how one can determine who is at fault if an individual trips and falls on a sidewalk outside a Kentucky restaurant.
Who maintains the sidewalk?
Responsibility for the accident may fall on the entity responsible for maintaining the sidewalk. This can be the restaurant owner if they own the property, or it could be the city or county, depending on local laws and property agreements.
What led to the fall?
Understanding the circumstances that led to the fall can help identify who is at fault. For instance, if the fall happened due to a poorly maintained or damaged sidewalk, the fault likely lies with the party responsible for its upkeep.
What were the time and weather conditions?
If the fall occurs due to slippery conditions from rain or snow, the time allowed for the responsible party to clear the pathway comes into play. If an ample amount of time has passed since the end of the weather event, the party responsible for maintenance may be at fault for not ensuring the sidewalk is safe.
Who is responsible for the duty of care?
Owners of commercial properties, such as restaurants, have a duty of care to ensure safe premises for patrons. If the restaurant owner was negligent in their duty of care – for example, by not correcting a known hazard on the sidewalk – they could be at fault.
Determining fault in a trip and fall incident outside a Kentucky restaurant depends on several factors, but when this occurs, keep in mind what questions you should be asking.