Comparative Negligence in Kentucky
State-specific overview · Tort Law
Kentucky uses pure comparative negligence with no bar to recovery based on plaintiff's percentage of fault.
How Kentucky treats Comparative Negligence
Kentucky allows plaintiffs to recover damages reduced by their own percentage of negligence, with no threshold that prevents recovery. A plaintiff 80% at fault may still recover 20% of damages from the defendant. Kentucky courts apply this rule broadly across negligence cases, and the burden typically falls on the defendant to prove the plaintiff's comparative negligence.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Kentucky.