In the state of Ohio, negligence is defined as “the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another.” Kentucky courts have routinely upheld the 1933 ruling in Warfield Natural Gas Co. v. Allen, (1933) 248 Ky. 646: “"Actionable negligence consists of a duty, a violation thereof, and consequent injury. The absence of any one of the three elements is fatal to the claim."
Anybody who is injured in Ohio or Kentucky as a result of another party not acting in accordance with reasonably expected conduct may have legal standing to file a general negligence claim. Many types of personal injury claims stem from the negligence of another party.
Lawyer for General Negligence Claims in Cincinnati, Ohio
Did you suffer serious injuries or was your loved one killed because of another party’s negligence? You could be entitled to compensation for any medical bills, lost wages, and other harm. It is in your best interest to retain legal counsel as soon as possible.
The Cincinnati personal injury attorneys at Steiden Law Offices help all kinds of accident victims in communities throughout Hamilton County, Warren County, Butler County, and Clermont County in Ohio as well as Campbell County, Boone County, and Kenton County in Kentucky. You can have our lawyers provide an honest and thorough evaluation of your case as soon as you call (513) 888-8888 to take advantage of a free, no obligation consultation.
Overview of General Negligence Issues in Kentucky
- If an accident victim was partially at fault for his or her injuries, will it affect the damages he or she can receive?
- How long do people have to file general negligence claims in Ohio and Kentucky?
- Where can I find more information about general negligence laws in Kentucky and Ohio?
Ohio and Kentucky are both comparative fault states when it comes to negligence claims, but they differ in the level of victim (plaintiff) fault that prohibits recovery. Comparative fault systems apportion damages in negligence cases based on the degree to which the victim or plaintiff’s own negligence contributed to his or her injuries.
Ohio is a modified comparative fault state. Ohio Revised Code § 2315.33 states that the “contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action.”
Victims in Ohio are thereby prohibited from recovering damages in cases in which they are found to be more than 50 percent at fault for their injuries. When a plaintiff is 50 percent or less at fault, his or her damages will be reduced by his or her percentage of fault. In other words, the victim in a slip and fall accident case who is judged to be 25 percent at fault for his or her own injuries would only receive 75 percent of the potential damages.
Kentucky is a pure comparative fault state. Kentucky Revised Statute § 411.182 establishes that in all tort actions involving fault of more than one party to the action, the court, unless otherwise agreed by all parties, shall instruct the jury to answer interrogatories or, if there is no jury, shall make findings indicating:
- The amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
- The percentage of the total fault of all the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability.
Similar to Ohio, victims in Kentucky negligence cases can also have their damages reduced by the percentage of fault that is attributed to their own actions. No degree of fault, however, will prohibit recovery in Kentucky. Plaintiffs can still recover damages even if they are more than 50 percent at fault.
Ohio and Kentucky also have different lengths of time for allowing people to file personal injury lawsuits. These time limits are referred to as statutes of limitations.
Under Ohio Revised Code § 2305.10, a victim has two years from the date of the injury incident (referred to as a cause of action) to bring a legal action. Ohio Revised Code § 2305.131, however, does provide a 10-year “statute of repose” for certain premises liability actions.
Under Kentucky Revised Statute § 413.140, actions for personal injury need to be commenced within one year of the causes of action. The fairly limited amount of time that people have to proceed with legal action following injuries caused by another party’s negligence underscores the importance of immediately seeking legal representation.
Understanding Ohio's Comparative Negligence Law — The Ohio Department of Insurance produced this document that explains how comparative negligence works in the Buckeye State. Learn more about what types of accidents are affected by the comparative negligence law, who decides shares of negligence, and what options you have if you disagree with the percentage of negligence that is apportioned to you. The article also touches on the joint and several liability doctrine concerning cases involving more than one defendant.
T&M Jewelry, Inc. v. Hicks — In 2006, the Kentucky Supreme Court reviewed this case of an 18-year-old man who shot his girlfriend in the face with a pistol he had purchased from T&M Jewelry, Inc., which was doing business as The Castle. The girlfriend and her parents asserted negligence per se and common-law negligence claims against The Castle. Negligence per se claims involve defendants causing injuries based on violations of laws or regulations, and the negligence per se claim was based on The Castle violating 18 U.S.C. § 922(b)(1) of The Gun Control Act of 1968 which prohibits licensed dealers from selling firearms to anyone under 21 years of age. The Supreme Court ultimately affirmed the Court of Appeals’ decision to uphold the trial court’s summary judgment in favor of The Castle on the negligence per se claim but reversing the summary judgment on the common-law negligence claim.
Steiden Law Offices | Cincinnati General Negligence Lawyer
If you sustained a catastrophic injury or your loved one was killed in the Cincinnati area as the result of another party’s negligence, do not speak to any insurance company unless you have legal representation. Steiden Law Offices represents accident victims on a contingency fee basis so clients do not have to worry about paying us one cent unless we get them financial awards.
Our Cincinnati personal injury attorneys help residents of and visitors to neighborhoods in Kenton County, Campbell County, and Boone County in Kentucky in addition to Clermont County, Hamilton County, Warren County, and Butler County in Ohio. Call (513) 888-8888 or submit an online contact form today to schedule a free consultation that will let our lawyers review your case and help you understand all of your legal options.