Resource Center
Kentucky negligence law in plain English: duty, breach, causation, negligence per se, res ipsa loquitur, negligent entrustment, fault sharing and proof.
Reviewed by Larry Forman, Attorney
Most injury claims, from car crashes to falls to trucking cases, are negligence claims. At its core, Kentucky negligence law asks four questions: Did the other person owe you a duty of care? Did they fail to meet it? Did that failure cause your injury? And what harm did you suffer?
This guide explains each element in plain English, along with the rules that come up most often in Kentucky cases: negligence per se, res ipsa loquitur, negligent entrustment, and how fault is shared when more than one person is to blame.
The Kentucky Supreme Court describes a negligence case as requiring "(1) the defendant owed the plaintiff a duty of care, (2) the defendant breached the standard by which his or her duty is measured, and (3) consequent injury." That third element includes both actual harm and legal causation (Pathways, Inc. v. Hammons, 113 S.W.3d 85 (Ky. 2003)). Lawyers usually count them as four:
| Element | The question | Example in a car crash |
|---|---|---|
| Duty | Did the defendant have to act with reasonable care toward you? | Every driver must drive carefully toward others on the road |
| Breach | Did the defendant fall short of that care? | Texting, speeding or running a red light |
| Causation | Was the breach a substantial factor in causing your harm? | The texting driver rear-ended you |
| Damages | What harm resulted? | Medical bills, lost wages, pain and suffering |
You have to prove each element. The general standard in a civil case is "more likely than not," not the criminal "beyond a reasonable doubt."
Kentucky's general rule is broad: "every person owes a duty to every other person to exercise ordinary care in his activities to prevent foreseeable injury" (Pathways). The court called foreseeability "the most important factor in determining whether a duty exists."
Some relationships carry special rules. Property owners owe different duties depending on why a visitor was there. See our guide to proving property owner negligence. Doctors are measured against the standard of a reasonably competent practitioner, usually proved through testimony from other doctors. See our medical malpractice page.
Breach is measured against what a reasonably careful person would have done in the same situation. Evidence often includes witness statements, photos, video, phone records, vehicle data and the other party's own admissions. In many crash cases, the clearest evidence of breach is a broken traffic law. See our Kentucky traffic laws guide.
It isn't enough that the defendant was careless. The carelessness has to have caused the harm. Kentucky uses the "substantial factor" test from the Restatement (Second) of Torts. In the Kentucky Supreme Court's words, the defendant's "negligent conduct is a legal cause of harm to another if his conduct is a substantial factor in bringing about the harm" (Pathways, discussing Deutsch v. Shein, 597 S.W.2d 141 (Ky. 1980)).
Causation fights are common in injury cases. Insurers argue that a herniated disc was old, or that a later event caused the problem. Medical records and treating doctors usually answer those arguments.
Damages are the losses the negligence caused: medical bills, lost income, future care, pain and suffering, and more. See our guide to Kentucky personal injury case value.
Kentucky has a statute that turns many safety laws into a basis for a civil claim. KRS 446.070 says: "A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation."
This is called negligence per se. To use it, the injured person generally must be "within the class of persons the statute intended to be protected" (Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005)). Traffic laws are the most common example: a driver who runs a red light breaks a statute that protects other drivers and pedestrians. You still have to show the violation caused your injuries.
Sometimes there's no direct evidence of exactly what went wrong, but the event itself suggests carelessness. Under res ipsa loquitur, there may be "an inference of negligence when, according to common knowledge and experience, the accident would not have happened except for the wrongful act of the defendant." In a June 2026 decision, the Kentucky Supreme Court emphasized that the defendant generally must have had control of what caused the injury (Diagnostic X-Ray Physicians, PSC v. Lloyd, No. 2024-SC-0216-DG (Ky. June 25, 2026)).
Res ipsa is a narrow tool. It comes up in surgical cases, falling objects and equipment failures more than in ordinary car crashes, where the facts can usually be investigated directly.
A person or company can be responsible for its own carelessness in letting someone dangerous use a vehicle or equipment. This is negligent entrustment. Two Kentucky statutes come up often:
Employers can also be responsible for their employees' on-the-job negligence, and for their own negligent hiring, training or supervision. See our trucking company liability and freight broker liability guides for how that works in truck cases.
Kentucky uses pure comparative fault. The jury assigns a percentage of fault to each party, including you, and your damages are reduced by your share (KRS 411.182). Even someone mostly at fault can recover something. See our post on how Kentucky's pure comparative fault works.
Kentucky also abandoned joint and several liability in most negligence cases. Each defendant's liability "is several only," meaning each pays its own share (Degener v. Hall Contracting Corp., 27 S.W.3d 775 (Ky. 2000), summarizing Dix & Associates Pipeline Contractors v. Key, 799 S.W.2d 24 (Ky. 1990)). That's why identifying every responsible party matters.
Ordinary negligence pays for your losses. Punitive damages are different: they require proof "by clear and convincing evidence" that the defendant acted "with oppression, fraud or malice" (KRS 411.184). See our Kentucky punitive damages guide.
We build each element with evidence: the scene, the records, the witnesses and the medical proof that ties the injury to the event. Then we prepare the case as if it will be tried, because that's what makes insurers take it seriously. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or visit our car crash and premises liability pages.
A duty of care, a breach of that duty, causation and damages. You must prove each one.
Under KRS 446.070, a person injured by someone's violation of a statute can recover damages caused by the violation, if the statute was meant to protect people like them.
Yes. Kentucky's pure comparative fault rule reduces your damages by your percentage of fault but doesn't bar recovery.
Generally no. In most Kentucky negligence cases, each defendant is responsible for its own share of fault.
"The thing speaks for itself." It lets a jury infer negligence when an accident wouldn't normally happen without carelessness by the person in control.
It depends on the type of claim. See our Kentucky statute of limitations guide.
If you're not sure whether what happened to you counts as negligence, ask. Get a free case evaluation or call (502) 931-6788. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203. More guides are in our Kentucky Injury Resource Center.
This page is general information about Kentucky law as of October 2026, not legal advice.
