As per the law of the Commonwealth of Kentucky, a non-delegable duty is an obligation that can’t be pushed over onto another person or entity. This rule operates to prevent a party from outsourcing potential liability that it undertook when it entered into an obligation that involved a duty of care, and a person was injured by negligence that he or she can be compensated for.
When a Duty if Non-Delegable, Who Is Ultimately Responsible for an Accident?
It’s the initial party to an agreement who is responsible for injuries and damages, even if performance of an obligation was delegated to an independent contractor. A common non-delegable duty is that of an employer to its employees. Their safety is the duty of the employer, even if a third party was hired to oversee whether applicable safety standards are complied with. If a personal injury lawsuit was brought against both the employer and the party who was to monitor job safety, they might both be held liable. The initial party to the contract can sue the independent contractor for contribution or indemnification though.
Why Does Kentucky Recognize Non-Delegable Duties?
The primary reason why Kentucky recognizes non-delegable duties is a matter of public policy. Recognition of it ensures that a financially responsible person or entity that caused a victim to be injured is available so that the victim can be compensated for their injuries and damages. If an accident with injuries was caused by the negligence of an independent contractor, the hiring person or entity cannot contract or bargain away itself out from under any liability.
Don’t Get Stuck in the Middle
The last position that you want to be in is to have you or a member of your family seriously injured because of the carelessness and negligence of somebody else with two different people or entities at an impasse and pointing their respective fingers at each other as to who should pay. There might be a non-delegable duty that controls who should compensate the victim, and if there isn’t, the issue must likely be resolved with litigation.
Don’t delay if you’re in that position. Kentucky law only allows you one year to file a personal injury lawsuit after being injured. Contact us here at Kaufman & Stigger, PLLC for a free consultation and case review. You can tell us what happened and how it happened, and we can answer your questions too. After that, we’ll advise you on how we believe your situation should be approached. If we’re retained to represent you, we can assure you that your matter will be approached aggressively. Remember, you only have a year to file your lawsuit. Contact us as soon as you can after being injured in any accident anywhere in Kentucky.
Contact a Personal Injury Lawyer in Kentucky
Do you have more questions about negligence? Speak to a member of legal team today to learn more about our state’s accident laws. If you or a loved one have been injured due to someone else’s negligence, do not wait another minute, call us right now at Kaufman & Stigger, PLLC at (502) 458-5555 to discuss your case and get the help you deserve.