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ELPO Law Attorney J. Kyle Roby Secures $3 Million Policy-Limit Settlement in Devastating Apartment Fire Case
English Lucas Priest and Owsley, LLP
English, Lucas, Priest & Owsley, LLP (ELPO Law) proudly announces a significant settlement on behalf of a mother and her young son who suffered catastrophic injuries in a preventable apartment fire. ELPO Law attorney J. Kyle Roby successfully secured a $3,000,000 policy-limit settlement against a local property management company.
The case stems from a tragic fire that occurred in March 2024 in Bowling Green, Kentucky. In the early morning hours, a blaze erupted on the first floor of a two story apartment, trapping a mother and her son upstairs. Despite their desperate attempts to escape, both sustained severe second- and third-degree burns. They were later transported to a specialized burn unit in Nashville, Tennessee, where they underwent extensive medical treatment.
What made this tragedy even more harrowing was the discovery that none of the apartment’s smoke detectors were operational at the time of the fire. Through the diligent investigation by Roby and his team, it was exposed that the smoke detectors lacked batteries and were not connected to a power source. As a result, no alarms sounded to alert the family, robbing them of precious seconds that could have made the difference between escape and injury.
“This case underscores the critical importance of landlords following fire safety regulations,” said Roby. “Had the smoke detectors been functional, our clients would have had precious minutes of advanced warning to escape without the life-altering injuries.”
The lawsuit filed by ELPO Law alleged multiple counts, including negligence, negligence per se, and gross negligence. The legal team cited violations of the Kentucky Fire Code, Kentucky Building Codes, and statutory duties that require landlords to maintain working smoke detectors in all rental units. Since 1983, Bowling Green and Warren County building codes have mandated that each sleeping area be equipped with at least one approved and operational smoke detector. Additionally, the National Fire Protection Association (NFPA) standards require alarms in every bedroom, outside each sleeping area, and on every level of a dwelling.
Roby’s legal strategy included the use of nationally recognized fire prevention and safety experts who helped establish that the defendants’ failure to comply with these regulations constituted negligence per se. Under Kentucky law, a violation of an administrative regulation can amount to negligence per se when the regulation is designed to protect a specific class of individuals from a specific type of harm. In this case, the plaintiffs clearly fell within the protected class, and the injuries they suffered were precisely the type of harm the regulations were intended to prevent.
“This outcome sends a clear message,” Roby added. “Property owners and managers have a profound responsibility to ensure the safety and well-being of their residents. No tenant should have to endure the trauma and severe injuries that our clients experienced due to a lack of basic safety measures like working smoke detectors.”
The $3 million settlement represents the full policy limits available under the defendant’s insurance coverage and reflects the severity of the injuries, the egregious nature of the safety violations, and the strength of the evidence presented by ELPO Law.
If you or a loved one has experienced a catastrophic injury as a result of someone else’s negligence, contact our firm for a consultation. Kyle can be reached at kroby@elpolaw.com or by calling 270-781-6500.
About English, Lucas, Priest & Owsley, LLP
Founded in Bowling Green, Kentucky in 1973, ELPO Law is a full-service law firm committed to providing exceptional legal representation across a wide range of practice areas. With a legacy of advocacy and a deep commitment to justice, ELPO Law continues to serve individuals, families, and businesses throughout Kentucky and beyond.
