Kentucky Negligence Laws
By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 05, 2023
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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.
Here's an introduction to negligence laws in Kentucky.
General Negligence Laws
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.
Negligence Laws in Kentucky
State negligence laws can vary depending on the specifics of each jurisdiction's civil justice system. The table below highlights the specifics of Kentucky's negligence statutes.
Code Section |
§ 411.182 et seq. of the Kentucky Revised Statutes |
|---|---|
Pure Comparative Negligence |
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. |
Contributory Negligence — Limit to Plaintiff's Recovery |
Kentucky Revised Statutes § 189.125 (5): Requirements of Seat Belts: Failure to put a child in safety restraint is statutorily not contributory negligence. |
Contribution Among Tortfeasors |
Yes, so long as the wrongdoing of the defendant is a mere act of negligence. Kentucky Revised Statutes § 412.030: Contribution Among Negligent Wrongdoers |
Uniform Act |
- |
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.
Negligence Cases
In order for any negligence claim to be successful, the plaintiff must prove the following elements of a negligence case:
- Duty: the defendant owed the plaintiff a duty of care;
- Breach of Duty: the defendant failed to meet that duty;
- Cause in Fact: but for the defendant's failure, the plaintiff would not have been injured;
- Proximate Cause: the defendant's failure (and not something else) caused the plaintiff's injury; and
- Damages: the plaintiff has actually been injured and suffered some loss.
Negligence Laws: Related Resources
There are a lot of ins and outs to negligence law and underlying legal claims. You can visit FindLaw's Negligence section for additional articles and information on this topic.
Your Next Steps in Making a Negligence Claim in Kentucky: Speak with an Attorney
There are a lot of ins and outs to negligence law and legal claims for compensation. Some of these are not easy to know off the top of your head, such as when the deadline is to file a lawsuit, which can sometimes arrive faster than you think. That's why it's important to speak with a personal injury attorney as soon as possible if you've been injured by someone else's negligence.
Contact an experienced personal injury attorney to find out how Kentucky negligence laws apply to your case and determine what options you have going forward.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.