From Jones v. Lil Abner Motel, COA, Published 3/11/2011
The parties agree that as a guest in the motel, Appellant was a
business invitee. See generally Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003) (discussing business invitees in “slip and fall” cases). Consequently, in order to create a rebuttable presumption sufficient to defeat Appellee’s motion for summary judgment, Appellant was required to show that: (1) … she had an encounter with a foreign substance or other dangerous condition on the business premises; (2) the encounter was a substantial factor in causing the accident and the customer’s injuries; and (3) by reason of the presence of the substance or condition, the business premises were not in a reasonably safe condition for the use of business invitees. Martin v. Mekanhart Corp., 113 S.W.3d 95, 98 (Ky. 2003); see also Lanier, 99 S.W.3d at 435-36.
