Property Owner Liability for Removal of Snow and Ice

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Over the past few years, the Kentucky Supreme Court has made substantial changes to property owner’s liability as it applies to removing snow and ice from sidewalks and driveways.  Previously there was no liability for property owners who took no action to clear their sidewalks and driveways.  This is no longer the case.

In Kentucky, negligence actions, like slips and falls as a result of snow and ice, are determined based on comparative fault.  Each party that may be responsible is attributed a percentage of the fault for the damage that occurred.  This allows an injured person to recover even if that person is 99% at fault for injury to himself or herself.

For example, should you have a pothole in your sidewalk that is unseen because of snow and a person injures themselves as a result, you may be liable.  Of course, you could still defend saying that the injured person is at fault because of not taking due care in the snow.  Nonetheless, as the property owner, if you are found even 1% at fault, you may have to pay damages.  Those damages however, would be based on the percentage of fault.   

Lastly, property owners may also want to check local ordinances as more and more cities, such as Louisville, have adopted snow removal ordinances for sidewalks.   

If you have any topics you would like to have covered in this column, 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.

VICTIMS’ BILL OF RIGHTS

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Law enforcement officials, Commonwealth Attorneys and County Attorneys have long recognized the need for laws to protect victims.  In 1998, they worked with the General Assembly in developing the Kentucky's Victims' Bill of Rights, which was designed to help victims who have suffered direct or threatened physical, financial or emotional harm from crimes such as stalking, unlawful imprisonment, use of a minor in a sexual performance, terroristic threatening, menacing, harassing communications, intimidating a witness, homicide, robbery, rape, assault, sodomy, kidnapping, burglary, sexual abuse, wanton endangerment, and criminal abuse.

The Victims’ Bill of Rights enumerates several provisions for the benefit of victims including among others:

• Information on available protective, emergency, social and medical services;

• Information about the availability of crime victim compensation when applicable, community-based treatment programs and the judicial process;

• Notification of when the accused is arrested;

• Notification of important occurrences in their case and prompt updates as to scheduling changes that affect a victim’s appearance when required to testify as a witness;

• Information on how to register for notifications from the Commonwealth when a person has been released from a prison, jail, or psychiatric facility;

• Consultation by the prosecutor on the disposition of the case, including negotiated plea agreements;

• Prompt return of property held as evidence by the Commonwealth;

• Assistance in informing employers when prosecution necessitates the victim’s absence from work.

County Attorneys and Commonwealth Attorneys in most counties have employees known as Victims Rights Advocates who have the primary responsibility to work with and help crime victims in District and Circuit Court.  If you are a victim of a crime, you can and should work closely with the Victims Rights Advocate to ensure you get the help you need.

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 859-491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.