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Over recent years, the Kentucky Supreme Court has significantly altered the liability of property owners regarding snow and ice removal from sidewalks and driveways. Previously, property owners were not held liable for failing to clear these areas. However, this is no longer the case.
Negligence actions in Kentucky, such as slips and falls due to snow and ice, are assessed based on comparative fault. This means that each party involved is assigned a percentage of responsibility for any damages incurred. An injured individual can still seek compensation even if they are deemed 99% at fault for their own injury.
For instance, if a pothole on your sidewalk is obscured by snow and someone injures themselves as a result, you could be held liable. You might argue that the injured party failed to exercise caution in snowy conditions. Nonetheless, if you are found even 1% at fault as the property owner, you may be required to pay damages proportional to your degree of fault.
Additionally, property owners should review local ordinances since more cities, including Louisville, have enacted regulations mandating snow removal from sidewalks.
"If you have any topics you would like to have covered in this column," said Steven J. Franzen, Campbell County Attorney, "please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071."
