KRS 411.292: Rebuttable presumption that design, plans, and specifications prepared by

design professional comply with applicable design and engineering standards

and contracting entity standards -- Liability.

(1) Acceptance of a project by the contractin g entity shall create a rebuttable

presumption that the:

(a) Design, plans, and specifications prepared by the design professional comply

with the applicable design and engineering standards and requirements

established or mandated by the contracting entity;

(b) Contractor followed the plans and specifications of the contracting entity; and

(c) Contractor satisfied their responsibility to the contracting entity.

(2) A contractor or design professional entitled to the rebuttable presumption

established under subsection (1) of this section shall not be liable for any claims for

property damage, physical injury, or death alleged to arise out of the work

performed on the project in any civil cause of action unless it is established by a

preponderance of the evidence that:

(a) An error or omission in the design, plans, or specifications prepared by the

design professional, resulting in a dangerous condition;

(b) A failure of the contractor to follow the plans and specifications, resulting in a

dangerous condition; or

(c) A latent defect creating a dangerous condition that is the result of the work of

the contractor;

was a substantial factor in causing the alleged property damage, physical injury, or

death.