Edwards & Kautz
Protecting your rights in western Kentucky

January 2016 Archives

Comparative Fault, Icy Conditions, & Carter v. Bullit Host, LLC: A Change in the Law

Comparative negligence, open-and-obvious hazards, and icy conditions in Kentucky in light of Carter v. Bullitt Host, LLC, 471 S.W.3d 288 (Ky. 2015), 2015 Ky. LEXIS 1854 (October 15, 2015). Snow and ice tend to make walking more difficult. Snow and ice tend to make slipping and falling much easier. Much like the changing of the weather, the law has changed in Kentucky. No more will an "open-and-obvious condition" - say, an icy patch of sidewalk outside of a business, such as a restaurant or hotel - allow that business to entirely blame a wrongly-injured plaintiff for his or her own injuries. The Supreme Court of Kentucky recently held that comparative negligence, which has long been the law in the Commonwealth, now applies to a person who falls on snow and ice that should have been seen or was known to be there. Comparative fault (or comparative negligence) requires that the percentage of fault be allocated between each party: plaintiff and defendant. That is, if an injured plaintiff is partly to blame for his or her injuries, then his or her own fault may reduce any judgment accordingly. However, fault on the plaintiff's part no longer completely eliminates his or her right to recover when facing open-and-obvious, hazardous conditions, whether inside or outside. Under comparative fault, every single person has a duty of ordinary care in light of the situation at hand, and that duty applies equally to plaintiffs and defendants. It all boils down to a question of reasonableness. How reasonable was the plaintiff's conduct? And how reasonable was the defendant's conduct? In summary, even if an injured plaintiff is negligent and contributes to his or her own injuries, under Kentucky's comparative fault that injured plaintiff has the right to determine if any of the defendant's negligence contributed to those injuries. Then, a jury may apportion whose fault is whose. Loss is divided according to the parties' respective share of fault. If you need a personal injury attorney in Kentucky, contact Edwards & Kautz at 866-795-5087 to schedule a free legal consultation with their experienced personal injury attorneys.

5 Common Motorcycle Accident Causes

According to statistics gathered by the U.S. Department of Transportation, 4,381 motorcyclists lost their lives as the result of accidents in 2013--the latest year data was available.   When you ride a motorcycle, avoiding injury or possible death involves driving defensively at all times and anticipating what the cars around you might do. Being able to recognize and watch out for some of the most common motorcycle accident causes could help keep you safe on the road:

A Potential Defense to a Personal Injury Claim and How it Works

A personal injury claim can be filed if you are injured by another's negligence or failure to perform. Millions of common injuries that qualify for personal injury claims are reported by Americans every year.* When you file a personal injury claim, you become the plaintiff, and the party who you sue becomes the defendant. Comparative Negligence is a defense that apportions liability in an accident. Comparative Negligence      Comparative negligence comes into play when determining what damages you should receive as a result of another's negligence. This defense looks at your involvement in the incident and assigns a degree of liability to both you and the defendant. For instance, you could be found 25 percent liable for your accident, leaving the defendant 75 percent of the liability. Any compensation or award you receive for your personal injury claim could be reduced by 25 percent due to your comparative negligence. In some states, you can recover damages for an accident or incident as long as you are not found 100 percent to blame. In others, you can only recover damages and receive compensation if your comparative negligence is ruled to be less than 50 percent. Kentucky is a "pure" comparative negligence state, meaning that if you are injured in Kentucky, you can collect damages even if you are partly to blame for the incident. However, the amount you receive for your injuries and claims will be reduced by the amount of responsibility assigned to you, i.e., if you were found to be 60 percent liable, then any award would be reduced by 60 percent.   The best way to learn about your personal injury claim options is to speak with an experienced attorney. A personal injury attorney can help you determine if you should pursue a personal injury claim. If you need a personal injury attorney in Kentucky, contact Edwards & Kautz at 866-795-5087 to schedule a free legal consultation with their experienced personal injury attorneys. *According to statistics from the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration, the Consumer Product Safety Commission, and the Bureau of Transportation Statistics.

You've Been Charged with a Felony... What Happens Next?

If you or a loved one has been charged with a felony, the whole thing probably seems overwhelming. This blog post will give you some idea of what to expect next if you have been charged with a felony in Kentucky state court. Please be aware that every case is different, and no website can cover every possibility or substitute for the advice of an experienced criminal defense attorney.

Email Us For a Response

Your Rights Deserve Protection

Get In Touch Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Serving clients in Kentucky, Illinois, Tennessee and Missouri

Edwards & Kautz

Edwards & Kautz
222 Walter Jetton Blvd
Paducah, KY 42003

Phone: 270-908-4914
Paducah Law Office Map