July 5, 2024 | Premises Liability
Kentucky Horse Park is located in Lexington, KY. It is one of the state’s most popular tourist attractions, drawing over half a million visitors per year. With that many visitors, accidents and injuries are bound to happen from time to time.
You might have suffered an injury at Kentucky Horse park, such as a slip and fall accident, that the park is responsible for. If so, you have the right to seek fair compensation.
Immediate Action
If you suffer an injury on park premises and need immediate medical attention:
- Call 911. This is your first priority.
- Call the on-duty park officer at 859-509-1450. Make sure they arrive at the scene of the accident, and ask them to prepare a written accident report.
- In a non-emergency situation, simply contact the nearest park employee for assistance.
This advice comes straight from the Kentucky Horse Park itself.
Possible Unique Legal Issues
There are three possible legal issues that might complicate your case compared to, say, a typical car accident case:
- Respondeat superior;
- Premises liability; and
- Government tort claims.
Other legal theories, such as product liability, might apply under certain circumstances. You can file a lawsuit under any of these legal theories if you have sufficient evidence.
If you are injured as a park employee, however, you should seek workers’ compensation benefits through administrative channels.
Respondeat Superior
The term “respondeat superior” refers to the liability that an employer faces when the misconduct of an employee injures a non-employee, including a guest. For the employer to face liability, the employee must have been acting within the scope of their employment at the time of the incident that caused your injury.
That is useful to you, because the horse park itself is far more likely than a park employee to be able to afford to pay a personal injury claim.
Kentucky Premises Liability Law
Kentucky premises liability law establishes the conditions for imposing liability upon the owner or operator of real estate, such as the Kentucky Horse Park. The park bears responsibility for making sure its premises are safe for visitors. Their liability is not unlimited, but they must regularly inspect their property and either repair dangerous conditions or warn visitors of their existence.
The specific duty of care owed by the property owner varies depending on the status of the visitor: invitees, licensees, or even trespassers. If you are a guest, your status is probably that of an invitee. The park’s duty of care towards an invitee is more stringent than its duty to a licensee or a trespasser.
Government Tort Claims
The Kentucky Horse Park belongs to the Commonwealth of Kentucky, and it is one of many agencies within the Kentucky Tourism, Arts and Heritage Cabinet. Suing the park, then, means suing a state government entity.
Suing the state government invokes special rules that will complicate your claim. The Kentucky tort claims act governs lawsuits against Kentucky government entities. Here’s how to file a personal injury claim against the park:
- Identify whether you can sue the government for your claim. Most personal injury claims qualify for compensation.
- File a Notice of Claim: Before you can file a lawsuit against the state, you probably need to file a Notice of Claim with the appropriate state agency, such as the Kentucky Board of Claims, within a year after the accident. Don’t delay, because calculating the deadline can be tricky. Consult with a lawyer.
- File a lawsuit: You can file a lawsuit if the Board of Claims fails to resolve your claim to your satisfaction. Talk with a lawyer to determine how long you have to wait to file a lawsuit if the Board of Claims refuses to respond to your claim, or if it drags its feet.
You generally cannot recover more than $250,000 for any single claim or $400,000 in total for multiple claims.
You’re Probably Going To Need a Lexington Personal Injury Lawyer
Successfully suing the Kentucky state government for personal injury is certainly possible, but it’s tricky business – especially if you’re trying to represent yourself. State law, for example, includes many important nuances not listed above. Seek a free case consultation with a Lexington personal injury lawyer.
Contact Our Personal Injury Law Firm in Kentucky Today To Get More Information
If you’ve been injured in an accident in Lexington or Bowling Green, please contact our personal injury lawyers at Minner Vines Injury Lawyers, PLLC for a free case evaluation.
Minner Vines Injury Lawyers, PLLC – Lexington, KY Office
325 W Main St #210, Lexington, KY 40507
(859) 550-2900
Minner Vines Injury Lawyers, PLLC -Bowling Green, KY Office
814 State St. suite 100, Bowling Green, KY, 42101
(270) 517-2014