What is the Kentucky Negligence Law?
Assume that you are walking on the sidewalk and you slip on ice. Your neighbor has not cleared the ice on the sidewalk facing his home, causing your fall. Can you sue your neighbor for negligence? Can you file a claim for damages caused by his negligence? As per negligence laws, you can file a claim, given you can prove negligence.
Negligence Law Definition
Negligence law definition defines negligence as the failure to fulfill the duty that one person, party, company owes to another which causes considerable injury to the other party.
Considering the example of the uncleared sidewalk, in order for your lawsuit to succeed, the following must be met.
- The defendant, your neighbor owed a “duty of care” to you, the plaintiff
- The defendant failed to meet that duty of care
- The plaintiff wouldn’t be injured without that failure
- The defendant’s failure was the direct cause of the injury and not something else
- The plaintiff suffered quantifiable damages and the injuries are genuine.
The negligence laws by state are similar in each state, but the punishment for negligence laws by state, though similar, differs from one state to another. The Kentucky negligence law also follows the above negligence law definition. But the negligence laws by the state of Kentucky is different from others as it follows a pure comparative negligence law system.
Negligence Law Kentucky
As per the Kentucky negligence law, if you and the other party or parties are partially responsible for causing the accident, the fault will be distributed among all parties in percentages. The negligence law Kentucky considers carelessness and recklessness when proving who is at fault. As per the negligence law Kentucky, the percentage of fault will rice, and probably be higher of the party that breaks the law. The punishment for negligence in Kentucky is as per the offense.
As per the comparative negligence law system under the Kentucky negligence law, you can recover damages even if you are found to be partially at fault. Unlike negligence laws by state in other states of the U.S., the pure comparative negligence law system enables you to recover damages even if you are 99% at fault. As per the negligence law definition in the state of Kentucky, you will be paid damages, but the damage award is reduced in accordance with your percentage of fault.
Though the negligence law Kentucky favors you even when you are at 99% fault, the punishment for negligence in Kentucky that has caused involuntary manslaughter or injured someone brutally is severe.
Punishment for Negligence in Kentucky
As per the Kentucky negligence law, the punishment for negligence in Kentucky depends on the severity of the offense. If someone else is at fault for your injuries, claims must be filed within a year.
As per negligence laws, if the offender has caused the death of a person due to his or her negligence, it is termed as involuntary manslaughter. Despite a significant difference in the mental state of a wilful murderer and a negligent offender, unintentional homicides are considered murder and are punishable by a jail term and a hefty fine.
Though the offense is unintentional conduct, the serious recklessness has caused severe injury leading to death. As the assault is high, the punishment is severe. If the negligence had caused slight injury, the punishment is not as severe but depends on the depth of the injury caused. While one seeks to inhibit the infliction of death due to negligence, the other seeks to inhibit the inflection of bodily injury caused due to offender negligence.
Punishment for negligence in Kentucky is no less than two years, and no more than twenty years in the penitentiary.