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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)

Citation
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Parent Document
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Jurisdiction
Kentucky (state)
Effective Date
2011-12-22

Other Sections in This Document (39)

Full Text

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The same reasoning was applied in Miller v. Cundiff, 245 S.W.3d 786 (Ky.App.2007), where a loose carpet caused a tenant’s fall in her apartment. Recovery was denied against the landlord because the tenant was aware of the carpet’s condition when she initially walked through the apartment and at the time of her fall. The Court not only reaffirmed the law as recited in Pinkston but also rejected the contention that the Unifox-m Residential Landlord Tenant Act (URLTA) abrogated the common law. The Court reasoned that “the URLTA was intended to supplement, not replace the common law.” Id. at 789. Additionally, the Court pointed out that Kentucky has not adopted the URL-TA on a statewide basis and a piecemeal abrogation of the common law would violate the constitutional provisions against local or special legislation. Id.