This form is a sample complaint for use in a personal injury claim alleging that the defendant's negligence in running over downed power lines caused injury to the plaintiffs.
Kentucky Complaint regarding Negligence
State:
Multi-State
Control #:
US-PI-0132
Format:
Word;
Rich Text
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FAQ
Kentucky is a pure comparative negligence state. If both you and the other party in an accident are partially responsible for causing the accident, the fault will be distributed between you both in percentages. If the accident was mostly the fault of one driver, that driver would bear a greater percentage of the fault.
Our legal system defines negligence as ?the failure to exercise the care toward others which a reasonable or prudent person would do in the same or similar circumstances.?
Proving Negligence. Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
Yes. Claims against the State are limited to negligence claims. Counties enjoy absolute immunity from liability for actions that constitute a ?government function.? Municipalities and government employees generally enjoy only common-law immunity defenses, such as discretionary-function immunity.
The board acts under the authority of KRS Chapter 49 and KAR Title 802 to determine whether a state agency has been negligent, consequently causing damages, loss or injury to a claimant. Anyone may file a claim with the Board of Claims for damages incurred.
Kentucky is a pure comparative negligence state. Meaning, the plaintiff may recover damages as long as they aren't 100% at fault for the accident/injuries. Kentucky Revised Statutes § 189.125 (5): Requirements of Seat Belts: Failure to put a child in safety restraint is statutorily not contributory negligence.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.
State of Kentucky: Call the state Board of Claims at (502) 573-7986. Forms available on line at boc.ky.gov. Motorists should also submit an estimate for repairs or a receipt. A decision on whether or not to pay the claim is made solely by the Board of Claims Office in Frankfort.
