{"id":373572,"date":"2016-03-31T21:35:22","date_gmt":"2016-04-01T02:35:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-negligence-laws.html"},"modified":"2023-01-05T14:12:04","modified_gmt":"2023-01-05T19:12:04","slug":"kentucky-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-negligence-laws.html","title":{"rendered":"Kentucky Negligence Laws"},"content":{"rendered":"\n
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Kentucky Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Accidents, and the unfortunate injuries that result, happen all the time. And if you get injured in an accident, how do you figure out who is at fault? Negligence claims are a legal way of determining who is at fault for injuries resulting from an accident.<\/p>\r\n

Here’s an introduction to negligence laws in Kentucky.<\/p>\r\n

General Negligence Laws<\/h2>\r\n

The first step of a negligence case is figuring out if one person owed a duty of care to another and whether they failed in fulfilling that duty. If that person breached a duty of care, they may be financially liable for any injuries that resulted. The final steps are demonstrating that the person’s failure was the direct cause of the injuries, and determining the extent of the harm and the amount of damages.<\/p>\r\n

Negligence Laws in Kentucky<\/h2>\r\n

State negligence laws<\/a> can vary depending on the specifics of each jurisdiction’s civil justice system. The table below highlights the specifics of Kentucky’s negligence statutes.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a7 411.182 et seq.<\/a> of the Kentucky Revised Statutes<\/p>\r\n<\/td>\r\n<\/tr>

Pure Comparative Negligence<\/p>\r\n<\/th>\r\n

Kentucky is a pure comparative negligence state. Meaning, the plaintiff may recover damages as long as they aren’t 100% at fault for the accident\/injuries.<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence \u2014 Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

Kentucky Revised Statutes \u00a7 189.125 (5)<\/a>: Requirements of Seat Belts: Failure to put a child in safety restraint is statutorily not contributory negligence.<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes, so long as the wrongdoing of the defendant is a mere act of negligence.<\/p>\r\n

Kentucky Revised Statutes \u00a7 412.030<\/a>: Contribution Among Negligent Wrongdoers<\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Negligence Cases<\/h2>\r\n

In order for any negligence claim to be successful, the plaintiff must prove the following elements of a negligence case<\/a>:<\/p>\r\n