411.320 Circumstances under which defendant is liable.

207 words·~1 min read·/ky/chapter-411/411-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In any product liability action, a manufacturer shall be liable only for the personal

injury, death or property damage that would have occurred if the product had been

used in its original, unaltered and unmodified condition. For the purpose of this

section, product alteration or modification shall include failure to observe routine

care and maintenance, but shall not include ordinary wear and tear. This section

shall apply to alterations or modifications made by any person or entity, except

those made in accordance with specifications or instructions furnished by the

manufacturer.

(2)In any product liability action, if the plaintiff performed an unauthorized alteration

or an unauthorized modification, and such alteration or modification was a

substantial cause of the occurrence that caused injury or damage to the plaintiff, the

defendant shall not be liable whether or not said defendant was at fault or the

product was defective.

(3)In any product liability action, if the plaintiff failed to exercise ordinary care in the

circumstances in his use of the product, and such failure was a substantial cause of

the occurrence that caused injury or damage to the plaintiff, the defendant shall not

be liable whether or not said defendant was at fault or the product was defective.