law negligence claim in Kentucky

2025To prove a common law negligence claim, the plaintiff must present evidence of “legal causation between the defendant’s breach and the plaintiff’s injury.” Osborne v. Keeney, 399 S.W.3d 1, 17 (Ky. 2012).

2022A party seeking to recover damages for emotional distress “must present evidence of the recognized elements of a common law negligence claim[.]” -8- Osborne v. Keeney, 399 S.W.3d 1, 17 (Ky. 2012).

2023Wright v. House of Imports, Inc., 381 S.W.3d 209, 213 (Ky. 2012).

2023Her substantive opposition to his motion was instead limited to one contention she offered for the first time during oral arguments at the summary judgment hearing.5 In her view, Conley’s failure to make timely and appropriate repairs to the concrete steps indicated Conley had violated Kentucky’s Uniform 4 “A common law negligence claim requires proof of (1) a duty owed by the defendant to the plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation between the defendant’s breach and the plaintiff’s injury.” Wright v. House of Imports, Inc., 381 S.W.3d 209, 213

2017Pathways, Inc. v. Hammons, 113 S.W.3d 85, 88-89 (Ky. 2003) (citing Mullins v. Commonwealth Life Ins.

2012Pathways, Inc. v. Hammons, 113 S.W.3d 85, 88-89 (Ky.2003) (citing Mullins v. Commonwealth Life Ins.

2025For a common law negligence claim, the standard of care is that which “a reasonably prudent person would exercise under the circumstances.” Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94, 100 (Ky. App. 2017).