Lexington Personal Injury Law Blog
Under Kentucky law, the long-term care facility owner is clearly responsible for resident injuries in all these understaffing situations.
This legal defense is quite common in all kinds of negligence cases, from falls and other premises liability claims to car crashes. Comparative fault shifts part of the blame for the accident from the tortfeasor (negligent actor) to the victim.
Damages in a negligent security claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well, in some extreme cases.
Most people multitask all day long. So, they assume they can safely behave the same way when they get behind the wheel. But there is a big difference between participating in a Zoom conference and driving a huge vehicle on a freeway. Many people fail to appreciate that difference, and as a result, victims get hurt or killed.
Legal theories like last clear chance are important in car crash claims. But evidence is even more important. The victim/plaintiff must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
The bottom line is that if you see an injured person in Kentucky, and you make a good faith effort to help, you are probably immune from civil or criminal liability.
Some riders go out of their way to make themselves more visible. They weave inside their own lanes, always use their headlights, and occasionally honk their horns. But there is almost no evidence that these tricks are effective. In fact, they might only further antagonize motorists who do not particularly like motorcycle riders to begin with. More on that below.
Authorities state that a 43-year-old Nicholasville woman was southbound on Highway 27 when she sideswiped another southbound vehicle. The force of that impact propelled her vehicle onto the northbound side, where she collided with an oncoming vehicle almost head-on. No one in the first vehicle was hurt, but four people in the second vehicle were rushed to area hospitals in serious condition.
Head injuries, such as PTSD, are very difficult to diagnose, especially if they are trauma-related. Many doctors ascribe immediate symptoms to shock from the accident. Further complicating matters, only a brain scan shows the aforementioned chemical imbalance. And, even if the physician performs this test, many doctors do not know what they are looking for.
In a development that gives a boost to Zantac victims, under pressure from the Food and Drug Administration, Marksans Pharma recalled one of the world’s most popular diabetes drugs. Metformin reduces blood sugar, so it is a very effective anti-diabetes drug. For some...