Negligence in Kentucky
State-specific overview · Tort Law
Kentucky uses pure comparative negligence, allowing recovery even if plaintiff is 99% at fault, but damages reduce proportionally.
How Kentucky treats Negligence
Kentucky permits plaintiffs to recover damages even when substantially more negligent than the defendant, with recovery reduced by the plaintiff's percentage of fault. The state applies the standard four-element negligence test: duty, breach, causation, and damages. Kentucky courts recognize that negligence may be established through circumstantial evidence and res ipsa loquitur doctrine. The burden of proof in civil negligence cases is preponderance of the evidence.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.