From Rucinski v. Cinemark, COA, Nonpublished 3/4/2011
Three elements constitute actionable negligence: 1) that the defendant owed a duty to the plaintiff; 2) that the defendant breached that duty; and 3) that the breach caused an injury to the plaintiff. Illinois Cent. R.R. v. Vincent, 412 S.W.2d 874, 875-76 (Ky. 1967). Whether a duty exists is a question of law. Pathways, Inc. v. Hammons, 113 S.W.3d 85, 89 (Ky. 2003).
