J. Robert Shelton of the Shelton Law Group representing Savena and Christina Ash, recently prevailed in a Bullitt County, Kentucky jury trial concerning electrocution injuries the Ashes received on the land of the Defendants in July 2010. Both of the Ashes received electrocution injuries when they came into contact with a wire fence surrounding a vegetable garden in the Defendants’ backyard. The fence had become inadvertently electrified by coming into contact with a live wire running underneath the fence’s metal poles. Despite having knowledge that the fence had become electrified, the Defendants failed to adequately warn the Ashes about the dangers associated with touching the electrified fence. As a result, after watering the garden and becoming wet in the process, the Plaintiffs inadvertently touched the fence and received an electrical shock from the fence for a period of 1-2 minutes before the Plaintiffs’ husband/father was able to de-electrify the fence by shutting off power to it.
At trial, the Defendants hotly disputed that they were liable for Plaintiffs’ injuries because they had both verbally and in writing warned the Plaintiffs to be careful of the fence. However, the trial judge correctly instructed the jury that Kentucky law requires a premises owner to adequately warn people they invite on their land of any known dangers and the risks involved with coming into contact with those dangers. Eleven out of twelve jurors found in favor of the Plaintiffs on the issue of liability and awarded a total of $56,000 in medical bills and pain and suffering damages.
If you have been injured while on the premises of another as a result of the landowner’s failure to adequately warn you of any dangers on their land and you wish to discuss any legal rights you may have, please visit www.robsheltonlaw.com or call the Shelton Law Group at 888-761-7204.