{"data":{"id":"us-ky/krs-411.320","jurisdiction":"us-ky","citation":"KRS 411.320","heading":"Circumstances under which defendant is liable.","body":"(1) In any product liability action, a manufacturer shall be liable only for the personal\ninjury, death or property damage that would have occurred if the product had been\nused in its original, unaltered and unmodified condition.  For the purpose of this\nsection, product alteration or modification shall include  failure to observe routine\ncare and maintenance, but shall not include ordinary wear and tear.  This section\nshall apply to alterations or modifications made by any person or entity, except\nthose made i n accordance with specifications or instructions furnished by the\nmanufacturer.\n(2) In any product liability action, if the plaintiff performed an unauthorized alteration\nor an unauthorized modification, and such alteration or modification was a\nsubstantial cause of the occurrence that caused injury or damage to the plaintiff, the\ndefendant shall not be liable whether or not said defendant was at fault or the\nproduct was defective.\n(3) In any product liability action, if the plaintiff failed to exercise o rdinary care in the\ncircumstances in his use of the product, and such failure was a substantial cause of\nthe occurrence that caused injury or damage to the plaintiff, the defendant shall not\nbe liable whether or not said defendant was at fault or the product was defective.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17811","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"fd6faf644663878f2de739a2fe7e1d0c48efe3e5ac923af875f86211c82a6410","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.310","next":"us-ky/krs-411.330"},"notice":"GroundRules: Original legal text. Not legal advice."}