Vicarious Liability / Indemnity; Liquidated Damages 1
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Statutes
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Cases
"Yes, an equipment lessor can generally obtain indemnification from its lessee for damages awarded to a third party based on the lessor's vicarious liability for the lessee's conduct.
A claim for indemnity is one in which the claimant seeks restitution for damages it was required to pay for injuries sustained by another and which were entirely or primarily caused by the party against whom indemnity is sought. (Crime Fighters Patrol v. Hiles, 740 S.W.2d 936, 940 (Ky. 1987)). Indemnity is of common law origin and is available to one exposed to liability because of the wrongful act of another with whom he/she is not in pari delicto [in equal fault]. (Degener v. Hall Contracting Corp., 27 S.W.3d 775, 780 (Ky. 2000)). Indemnity occurs in two classes of cases: (1) where the party claiming indemnity has not been guilty of any fault, except technically, or constructively; or (2) where both parties have been in fault, but not in the same fault, towards the party injured, and the fault of the party from whom indemnity is claimed was the primary and efficient cause of the injury. (Id.)"
A claim for indemnity is one in which the claimant seeks restitution for damages it was required to pay for injuries sustained by another and which were entirely or primarily caused by the party against whom indemnity is sought. (Crime Fighters Patrol v. Hiles, 740 S.W.2d 936, 940 (Ky. 1987)). Indemnity is of common law origin and is available to one exposed to liability because of the wrongful act of another with whom he/she is not in pari delicto [in equal fault]. (Degener v. Hall Contracting Corp., 27 S.W.3d 775, 780 (Ky. 2000)). Indemnity occurs in two classes of cases: (1) where the party claiming indemnity has not been guilty of any fault, except technically, or constructively; or (2) where both parties have been in fault, but not in the same fault, towards the party injured, and the fault of the party from whom indemnity is claimed was the primary and efficient cause of the injury. (Id.)"
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Contributors
Jerad T. Whitt
The statutory information was edited and reviewed with the support of MultiState
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