54 U. Louisville L. Rev. 157 (2016)
A Question of Duty or Breach?: The Everchanging Role of the Open and Obvious Doctrine in Kentucky and Why Kentucky Courts Should Reimplement the Doctrine as a Determination of the Landowner’s Duty in Premises Liability Disputes
In Kentucky, courts have historically been allowed to dismiss premises liability claims early on in the litigation process as a matter of law under the Open and Obvious Doctrine, when a reasonable person would recognize the dangerous condition that leads to his or her injury. However, over the last several years, the Supreme Court of Kentucky has attempted to steadily eliminate this doctrine by stating that it is a question of fact for the jury to decide, essentially eradicating trial judges of their ability to dispose of these cases quickly through a defendant’s motion for summary judgment. On the other hand, just when it seemed that the doctrine was completely dead, within the past few months the Kentucky Court of Appeals has seemingly resurrected the analysis associated with the doctrine (again).