Negligence standard, not strict liability, applies in Kentucky dog bite case

There is no question that some dogs are more dangerous than others, or that almost any dog is capable of an attack under the right circumstances. What responsibility should the owner of a dog with dangerous propensities - or the owner of any dog, for that matter - have toward the general public? A Kentucky appellate court addressed this issue recently in a case in which a woman was severely injured by a pack of dogs during a hunting trip. Read More

Adoption tax credit is available for families

If you’ve adopted a child recently or plan to adopt a child soon, congratulations! We help families adopt as part of our family law practice. Expanding your family through adoption is joyful, and we’re thrilled to be a part of it. Adoptive parents may have some tax advantages that could help now that it is time to start preparing 2016 taxes. One big advantage is the federal adoption tax credit, which allows many adoptive parents to receive a credit to recover some of the costs of adoption. One note, though: the tax credits are not extended to step-parents adopting the child of their spouse. The tax credits are only available if you are adopting a child under the age of 18 or a child who is physically or mentally unable to care for himself or herself. Read More

Kentucky Court reverses Summary Judgment to defendants in grocery store fall case

Say the words "slip and fall" and "grocery store," and a mental image of a shopper sliding across the produce section on a banana peel inevitably comes to mind. It's so cliché that it's almost humorous - unless you are a person who broke a bone or herniated a disc in a fall. The fact is that there are many serious injuries in grocery stores in Kentucky and across the nation each year, many of which could have been avoided had the store fulfilled its duty of care to the customer. Read More

Sarah Jarboe named partner at ELPO

Sarah Jarboe named partner at ELPO Read More

Collision coverage not available for insured in unlicensed driver accident

Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy. When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company. As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company's responsibility to pay out certain benefits in the event of an accident. Read More

Bob Young named managing partner of ELPO

Bob Young named managing partner of ELPO Read More

Court rules in favor of Tennessee hospital in premises liability lawsuit

Generally speaking, businesses such as retail stores, restaurants, and even hospitals have a duty to keep their premises in a reasonably safe condition. When a business fails to do so, it can be held liable for the resulting physical injuries (or even a guest's wrongful death). Those injured or the family of someone who died can file a premises liability lawsuit. However, such cases are sometimes difficult to prove, and the plaintiff has the burden of establishing the defendant's liability. If the plaintiff is unable to make out a case of negligence, he or she will not be able to recover any monetary damages, regardless of the severity of the injuries sustained in the accident. Read More

Buzz English serves as moderator on Kentucky Chamber panel

Buzz English serves as moderator on Kentucky Chamber panel Read More

How to give money without getting a tax headache: Part 2

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP You’d think giving money away would be easy, wouldn’t you? And for the most part, it is. But it’s important to pay attention to some of the details so you don’t end up getting socked with a tax bill or missing out on a tax deduction in return for your generosity. In our last post, we discussed how to give money to your children, grandchildren or anyone else you’d like without much complication (such as having to file a gift tax return).  Now, let’s turn to gifting that can net you a tax deduction on your income tax return (in addition to just making you feel good). Read More

Medical expenses for injuries in Kentucky case ruled reasonable

It is not unusual for an insurers to balk at paying medical expenses for injuries suffered in a car accident or to take the stance that an accident was too minor to have resulted in a serious injury. Medical experts often disagree with this position, however, since each person has a different threshold for injury, and even a "minor" crash can cause permanently disabling injuries. In one recent case, chiropractic bills were the subject of a lawsuit in which an injured person sought to have those covered by an insurance company.   Read More