Negligence in Kentucky
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Kentucky fact pattern
Negligence in kentucky.
Statute of limitations
1 years
Ky. Rev. Stat. § 413.140
One year from when the cause of action accrued, in an ordinary injury file.
- A motor-vehicle crash under the MVRA is often two years from the accident or the last PIP payment, whichever is later (§ 304.39-230). A fall is still one year. Do not mix those.