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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)

Citation
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Parent Document
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Jurisdiction
Kentucky (state)
Effective Date
2011-12-22

Other Sections in This Document (39)

Full Text

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The lower courts should not merely label a danger as “obvious” and then deny recovery. Rather, they must ask whether the land possessor could reasonably foresee that an invitee would be injured by the danger. If the land possessor can foresee the injury, but nevertheless fails to take reasonable precautions to prevent the injury, he can be held liable. Thus, this Court rejects the minority position, which absolves, ipso *28facto, land possessors from liability when a court labels the danger open and obvious.