Victim/plaintiffs have the burden of proof in Kentucky negligence claims. They must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. A combination of the victim’s testimony, medical bills, and the police accident report usually provide the evidence necessary.
Morale is often poor at understaffed facilities. The constant turnover causes many workers to have one eye on their jobs and one eye on their resumes. Furthermore, as staffing levels drop, many workers must do the jobs of several people. On a related note, employers sometimes press under-qualified employees into roles they are not competent to fill.
Under Kentucky law, commercial alcohol providers could be financially responsible for damages. These providers are in a position to stop drunk driving crashes before they happen. Their failure to do so is negligence.
Victim/plaintiffs must establish liability by a preponderance of the evidence (more likely than not). As outlined below, manufacturers are strictly liable for the injuries their defective products cause. So, causation is typically the only issue in these situations.
Semi-truck crashes have an extremely high fatality rate.
Different remedies are available to different victims. Generally, workers’ compensation covers job-related injuries. Workers’ compensation pays no-fault benefits which cover economic losses, such as medical bills and lost wages. Workers’ compensation does not always cover such injuries. If the employer recklessly placed workers in harm’s way, did not have a valid insurance policy, or a defective product caused the injury, victims can file civil claims. Non-employee bystanders may usually file civil claims as well.
Bad weather does not alter the duty of care. This duty requires noncommercial motorists to drive defensively, obey the rules of the road, and avoid accidents if possible. Uber drivers, taxi driver, bus driver, and other such commercial operators have an even higher duty of care in Kentucky.
These issues usually involve lack of security. Largely depending on the foreseeability of harm, as outlined below, the landlord might be able to let people come and go almost as they please. Or, the law might require the landlord to place the property on lockdown and hire armed security guards to enforce the rules. Most likely, the level of responsibility is somewhere in between these two extremes.
As mentioned, Kentucky has one of the broadest strict liability laws in the country. Owners are liable for all injuries and damage to “a person, livestock, or other property.” These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Damages in a vehicle collision claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are sometimes available as well, in some extreme cases.