Kentucky Answer and Defenses - Slip and Fall

State:
Multi-State
Control #:
US-PI-0178
Format:
Word; 
Rich Text
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Description

This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

A ?duty of care? is the legal responsibility for individuals, property owners, businesses, and corporations to act reasonably to keep others safe. In Kentucky, when parties neglect this duty of care and you get hurt, they can be held financially liable for your injuries.

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.

These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The ?clock" on claims starts ticking on either the date of the incident or the discovery of the harm.

Ing to the Ohio Supreme Court, when a danger is open and obvious, a premises owner owes no duty of care to individuals lawfully on the premises.

Under Kentucky law, the property owner can be held liable for fall injuries if one of three conditions exist: The property owner or manager negligently fails to reasonably maintain the premises. The property owner or manager creates an unreasonable hazard, which causes a visitor to fall and be injured.

Open and obvious This doctrine dictates that injured parties have the ultimate responsibility to avoid dangers which are obvious regardless of the landowners' responsibility to address them.

For personal injury actions in Kentucky, the statute of limitations is generally only one year from the date of the accident or injury, or from the date the injury was discovered. This is a relatively short SOL compared to other states in the country.

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Kentucky Answer and Defenses - Slip and Fall