By Jessica Surber, Attorney
English, Lucas, Priest and Owsley, LLP
Sometimes, a single individual, business, or governmental entity is clearly to blame for negligently inflicting harm on an accident victim. But there are also times when the injured person must share in the blame for what happened.
When more than one party bears the responsibility for an accident, fault is determined under the principles of comparative fault, such that an injured party’s settlement or judgment is reduced in proportion to his or her level of fault.
Recently, in the case of Carter v. Bullitt Host, LLC, the Kentucky Supreme Court addressed whether the doctrine of comparative fault was also applicable in premises liability cases involving the allegedly “open and obvious” hazards of snow and ice that caused a slip and fall injury.