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Kentucky

: Kentucky Law Blog

PENDING: House Bill 346 (Curtail lawsuits against retailers)

By Michael Stevens

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Introduced by Rep. Scott W Brinkman on January 23, 2008, to make it more difficult for a customer to sue a retailer for injuries on the retailer's property.

Details and Comments: http://www.kentuckyvotes.org/Legislation.aspx?ID=57754

KLB COMMENTS:  The purpose of this legislation is obviously designed to roll back the Kentucky Supreme Court decision in Lanier v. Walmart. 

The Kentucky Votes site had some very good comments on this point regarding a bill introduced by Rep. Scott W Brinkman on January 23, 2008. 

1) Loose Language [by Anonymous Citizen on January 25, 2008]
Are we going back to the ?proximate cause? test for negligence? Kentucky has used ?substantial factor? for years. This bill was obviously drafted by someone who has never tried a slip and fall case.
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2) Always Amazed [by Anonymous Citizen on January 24, 2008]
Another Republican attempt to give "business" folks the upper hand over the "little" people. Just what we need to do is make it harder for a person to have legal recourse against some yahoo too cheap to keep the floor dry in their business or some other such situation. Let's give every advantage to the "business" folks and the heck with the rest of us! I hope and pray that this bill has about the same chance as I do of finding a whale swimming up the Ohio by Louisville.
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Full post as published by Kentucky Law Blog on February 03, 2008 (boomark / email).

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