Contributory Negligence in Kentucky
State-specific overview · Tort Law
Kentucky uses pure comparative negligence; you can recover even if 99% at fault, but damages decrease by your percentage.
How Kentucky treats Contributory Negligence
Kentucky permits recovery as long as the defendant bears some degree of fault, regardless of how much you contributed to the injury. Your award is reduced proportionally by your own negligence percentage. This applies to all negligence-based claims, including auto accidents and premises liability. Kentucky courts instruct juries to assign percentages of fault to each party and calculate damages accordingly.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.