CAUSE OF ACTION: Duty of Care Owed Social Guest – Licensee

549. TORTS. PREMISES LIABILITY “SLIP AND FALL”.
WHEELER (MATILDA), ET AL.
VS.
FIELDS (BRENDA)
OPINION AFFIRMING
VANMETER (PRESIDING JUDGE)
ACREE (CONCURS) AND CAPERTON (CONCURS)
2010-CA-002040-MR
2010-CA-002073-MR
NOT TO BE PUBLISHED
MARION

“To recover under a claim of negligence in Kentucky, a plaintiff must establish that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached its duty, and (3) the breach proximately caused the plaintiff’s damages.” Lee v. Farmer’s Rural Elec. Co-op. Corp., 245 S.W.3d 209, 211-12 (Ky.App. 2007). “Whether the defendant owed a duty is a question of law for the court to decide. Whether the defendant breached its duty is generally a question of fact for the jury.” Id. at 212 (internal citations omitted). For purposes of determining the duty of care, a social guest is considered a licensee. See Shipp v. Johnson, 452 S.W.2d 828, 829 (Ky.1969). A property owner owes a licensee “only the duty to warn him of a dangerous condition already known to the possessor.” Mackey v. Allen, 396 S.W.2d 55, 58 (Ky. 1965).

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