{"data":{"id":"us-ky/krs-411.292","jurisdiction":"us-ky","citation":"KRS 411.292","heading":"Rebuttable presumption that design, plans, and specifications prepared by","body":"design professional comply with applicable design and engineering standards\nand contracting entity standards -- Liability.\n(1) Acceptance of a project by the contractin g entity shall create a rebuttable\npresumption that the:\n(a) Design, plans, and specifications prepared by the design professional comply\nwith the applicable design and engineering standards and requirements\nestablished or mandated by the contracting entity;\n(b) Contractor followed the plans and specifications of the contracting entity; and\n(c) Contractor satisfied their responsibility to the contracting entity.\n(2) A contractor or design professional entitled to the rebuttable presumption\nestablished under subsection (1) of this section shall not be liable for any claims for\nproperty damage, physical injury, or death alleged to arise out of the work\nperformed on the project in any civil cause of action unless it is established by a\npreponderance of the evidence that:\n(a) An error or omission in the design, plans, or specifications prepared by the\ndesign professional, resulting in a dangerous condition;\n(b) A failure of the contractor to follow the plans and specifications, resulting in a\ndangerous condition; or\n(c) A latent defect creating a dangerous condition that is the result of the work of\nthe contractor;\nwas a substantial factor in causing the alleged property damage, physical injury, or\ndeath.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57582","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"cbf01fbc07a0caa8caced1e83d80e9d7a30d53f1cc20f917db9ef71d8f22b06a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.290","next":"us-ky/krs-411.294"},"notice":"GroundRules: Original legal text. Not legal advice."}
