Jones v. Abner, 335 S.W.3d 471

Jones slipped while entering the bathtub at Lil' Abner Motel and sustained a concussion and dental injuries.
She alleged the bathtub was unreasonably dangerous due to cleaning residue and lack of non-slip devices.
The motel asserted the tub had slip-resistant strips and that maintenance was adequate; cleaning practices were described by witnesses.
Bowen, a housekeeper, testified she cleaned the tub and used dry towels, with strips present on the bottom of the tub.
The trial court granted summary judgment finding no genuine issue of material fact that the condition was unreasonably dangerous or a substantial cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the bathtub condition created an unreasonably dangerous risk	Jones contends tub was slippery due to cleaning residue and insufficient strips.	Abner argues cleaning method and strips were adequate; speculation cannot show a genuine issue.	No genuine issue; summary judgment affirmed
Whether lack of non-slip devices can defeat recovery	Strips were old/worn and rails absent, creating danger.	Strips existed and were maintained; no evidence strips failed to provide traction.	No genuine issue; summary judgment affirmed
Whether the open-and-obvious nature of the risk defeats recovery	Even obvious risks may be actionable if caused by motel conduct.	Bathing risks are open and obvious; motel not insurer of safety.	Open-and-obvious defense applied; summary judgment affirmed
Whether Jones bore duty to protect herself given familiarity with the tub	Past use should not bar claim where dangerous condition existed.	Guest duty requires reasonable care for own safety; invitation not insurer.	Jones failed to show foreseeability or duty issue; summary judgment affirmed

Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003) (defines business invitee duty in slip-and-fall cases)
Martin v. Mekanhart Corp., 113 S.W.3d 95 (Ky. 2003) (rebuttable presumption for dangerous condition in invitee cases)
Johnson v. Lone Star Steakhouse & Saloon of Kentucky, Inc., 997 S.W.2d 490 (Ky. App. 1999) (open-and-obvious dangers generally do not require warning)
Bonn v. Sears, Roebuck & Co., 440 S.W.2d 526 (Ky. 1969) (premises liability standard for reasonable care)
Blue Grass Restaurant Co. v. Franklin, 424 S.W.2d 594 (Ky. 1968) (owner not insurer of guest safety; duty to exercise reasonable care)
Brown Hotel Co. v. Marx, 411 S.W.2d 911 (Ky. 1967) (hotel premises liability standards and reasonable safety expectations)
Rogers v. Professional Golfers Ass'n of America, 28 S.W.3d 869 (Ky. App. 2000) (invitee duty and duty to exercise reasonable care for own safety)
Smith v. Smith, 441 S.W.2d 165 (Ky. 1969) (open and obvious risk caveat in premises liability)
Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010) (foreseeability and distraction defenses to open-and-obvious hazards)