411.320 Circumstances under which defendant is liable.
(1)
(2)
(3)
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.
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.
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.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 91, sec. 4, effective June 17, 1978.
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