Sidewalk and Public Property Falls in Kentucky

Before a city can be sued for an injury caused by a defect in a bridge, street, sidewalk, alley or other public way, the injured person must give written notice to the mayor, city clerk or clerk of the board of aldermen within 90 days of the incident. The notice must state the time and place of the injury, its character and circumstances, and that the person will claim damages from the city. KRS 411.110 sets this notice rule; it does not itself say whether the city or the owner of the property next to the sidewalk is responsible for the defect.

Kentucky's Claims Against Local Governments Act covers tort suits against cities, counties, fiscal courts and special districts for injuries from defects in public property or from employees' acts. Damages against a local government may not exceed the injured person's total damages reduced by the percentage of fault the jury assigns to others, including the injured person; the Act sets no fixed dollar cap. For injuries from a defective bridge, street, sidewalk, alley or other public way, a written notice must be given to the city (mayor, city clerk or clerk of the board of aldermen) within 90 days. The Act also lists claims for which a local government is not liable, such as discretionary and legislative acts and failure to enforce a law or make an inspection.

Negligence claims against the state and its agencies go to the Board of Claims, which has exclusive jurisdiction. Claims must be filed with the board within one year after the claim accrues (for personal injury, from when the injury was or should have been discovered, but no later than two years after the negligent act; for medical malpractice, no later than three years). An award may not exceed $250,000 per claim, or $400,000 total for multiple claims from a single act of negligence. For lawsuits against a city over a defective street, sidewalk, bridge or other public way, written notice must be given to the mayor or city clerk within 90 days of the incident. Damages against local governments are reduced by the percentage of fault assigned to others; no separate dollar cap is stated.

In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.