Kentucky Senate Bill 195 introduces significant changes affecting roadway litigation involving public construction projects, contractors, and design professionals. The legislation, enacted during the 2026 Regular Session, creates new liability protections for state-hired contractors and engineers while also expanding Kentucky’s Safe at Home confidentiality program.
For businesses operating in the construction, infrastructure, engineering, and transportation sectors, the bill represents a meaningful shift in how fault and liability may be evaluated in roadway-related claims.
A More Defense-Friendly Framework for Public Roadway Projects
At the center of SB 195 is a new liability framework applicable to public roadway construction and maintenance projects. The law establishes several rebuttable presumptions that favor contractors and design professionals once a project has been accepted by the applicable government entity.
Under the legislation, acceptance of a project creates a presumption that:
- The design plans complied with applicable engineering and design standards
- The contractor followed the approved plans and specifications
- The contractor fulfilled its contractual responsibilities
Practically speaking, this shifts additional burden onto plaintiffs attempting to pursue claims arising from roadway design, construction, or maintenance.
Higher Burden for Plaintiffs
SB 195 also narrows the circumstances under which contractors and design professionals may be held liable following project acceptance. To prevail, a plaintiff must establish by a preponderance of the evidence that one of the following was a substantial factor in causing the injury or damage:
- An error or omission in the design creating a dangerous condition
- A contractor’s failure to follow plans or specifications
- A latent defect arising from the contractor’s work
The statute specifically ties liability to the existence of a “dangerous condition” and requires a direct causal connection between that condition and the alleged harm.
Additional Protections for Contractors
SB 84 adds new sections to the Kentucky Revised Statutes (KRS) that govern administrative actions – KRS 13B The legislation further limits contractor liability for decisions that fall outside the contractor’s control.
Under SB 195, contractors generally cannot be held liable for:
- Governmental design decisions or engineering judgments
- Conditions outside the scope of the contracted work
- Conditions exceeding the requirements contained in the governing plans and specifications
However, those protections do not apply where the contractor independently undertakes design or engineering responsibilities beyond the original project scope.
This distinction will likely become an important point of litigation in future cases involving design-build projects or expanded contractor responsibilities.
Comparative Fault Changes Involving Driver Conduct
The bill also creates a rebuttable presumption related to driver misconduct in roadway cases.
If a driver involved in an accident was allegedly impaired or traveling 25 miles per hour or more above the posted speed limit, the law creates a presumption that the driver’s conduct was a substantial factor in causing the injury or damages.
This provision may significantly affect comparative fault analysis and settlement dynamics in roadway litigation involving public projects.
Expansion of Kentucky’s Safe at Home Program
In addition to the roadway liability provisions, SB 195 substantially expands Kentucky’s Safe at Home address confidentiality program.
Previously focused primarily on victims of domestic violence and related offenses, the program will now also include:
- Commonwealth’s attorneys and assistant Commonwealth’s attorneys
- County attorneys and assistant county attorneys
- Attorneys within the Office of the Attorney General
- Public defenders and certain federally appointed defense counsel
The program allows qualifying individuals to use substitute mailing addresses maintained through the Kentucky Secretary of State while shielding residential address information from public disclosure.
Most of the Safe at Home provisions become effective January 1, 2027.
Practical Implications for Kentucky Businesses and Litigation
SB 195 reflects a broader legislative trend toward limiting liability exposure for public infrastructure contractors and design professionals working on government roadway projects.
For contractors, engineering firms, insurers, and transportation-related businesses, the legislation may:
- Strengthen early dispositive motion strategies
- Shift settlement leverage in roadway litigation
- Increase focus on project acceptance documentation
- Elevate the importance of clearly defining project scope and design responsibility
- Impact insurance underwriting and risk evaluation for public projects
The law also underscores the growing importance of documentation, contract precision, and compliance with project specifications throughout the lifecycle of public infrastructure work.
Businesses involved in public roadway construction, engineering, transportation, or related litigation should closely evaluate how these statutory changes may affect future claims, contract drafting, and risk management strategies.
Get Help from a Get Help From A Construction Attorney
To learn more about how SB 195 may affect your business or litigation exposure, contact DBL Law’s Construction Practice Group or DBL Law’s Litigation & Dispute Resolution team.
