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★ Kentucky · fracture

Fracture settlements
in Kentucky.

By Reviewed by Abd Shanti, Founder9 min read

Kentucky changed the rules for fall cases between 2010 and 2015. An obvious hazard, whether a curb or ice on a hotel entryway, no longer automatically defeats a claim; instead the jury weighs the injured person’s own care under comparative fault.

Facts that decide a fracture claim in Kentucky

Obvious hazardsAll open and obvious hazard cases, including natural outdoor hazards like ice, are decided under comparative fault rather than barred outright.Carter v. Bullitt Host (Ky. 2015)
Man-made hazardsA property owner can be liable for an obvious hazard it could anticipate would harm visitors, such as an unmarked curb at a hospital entrance.Kentucky River Medical Center v. McIntosh (Ky. 2010)
Deadline to sueOne year from the injury for a fall; two years after the injury or last PIP payment for a crash.KRS 413.140(1)(a); KRS 304.39-230(6)
Fracture and the no fault thresholdA fracture qualifies for a car crash tort claim on its own, whatever the medical bills.KRS 304.39-060(2)(b)
Falls on city streetsNotice to a city within 90 days for a street or sidewalk defect.KRS 411.110, in the MyClaimWorth notice of claim chart
Damages capsNone; barred by the Kentucky Constitution.Ky. Const. § 54
united states · sister site
Your fracture claim in Kentucky. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ KY · reported fracture outcomes

What Kentucky courts have awarded.

Real Kentucky decisions and verdicts, each linked to the court record or official report.

  • Kentucky River Medical Center v. McIntosh
    Kentucky Supreme Court · 2010
    $155,409.70 verdict upheld

    A paramedic who had brought about 400 patients through the same emergency entrance tripped over an unmarked curb while attending a critically ill patient, fracturing her hip and spraining her wrist. The jury awarded $40,409.70 in medical bills, $65,000 for lost earning capacity, and $50,000 for pain. The Supreme Court held the obvious curb did not bar the claim.

  • Carter v. Bullitt Host (Holiday Inn Express)
    Kentucky Supreme Court · 2015
    Summary judgment for the hotel reversed

    A guest broke his ankle falling on clear ice at a hotel entrance after a severe snowstorm. The Supreme Court held that natural outdoor hazards, like man-made ones, are judged under comparative fault, so the case could go to a jury.

★ KY · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Kentucky.

  1. 1

    Obvious does not mean over. Before McIntosh and Carter, a visible curb or visible ice often ended a Kentucky fall claim at summary judgment. Now the jury decides how much fault belongs to the owner and how much to you, and pure comparative fault means you recover your share of the damages even if your own share is large.

  2. 2

    A fracture carries weight in a car crash claim too. Under the no fault law a fracture meets the threshold for a pain and suffering claim without regard to the medical bills, so even a simple broken wrist in a crash can be pursued against the other driver.

  3. 3

    Watch the one year limit for falls. Unlike crash claims, which run two years from the injury or last PIP payment, most premises injuries must be filed within a year.

★ KY · statute of limitations
1 year for personal injury (one of the shortest in the US)

Ky. Rev. Stat. § 413.140

★ KY · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Kentucky's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Kentucky · you are herePure comparative negligence1 year for personal injury (one of the shortest in the US)—
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
TexasModified comparative, 51% bar2 years from date of injuryTX · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
★ KY · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Kentucky? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of KY
Kentucky overview

Fault rule, statute, caps, and key facts for Kentucky as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Kentucky. See /methodology, /sources, and /disclaimer.