Torts: Common Law Negligence

Elements of Proof

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 (Ky. 2012)

The standard of care applicable to a common-law negligence action is that of ordinary care—that is, “such care as a reasonably prudent person would exercise under the circumstances.” Slusher v. Brown, 323 S.W.2d 870, 872 (Ky. 1959).

 

2011-SC-000264-DG