RICHARDSON’S SB 195 PASSES GENERAL ASSEMBLY
FRANKFORT, Ky. (March 31, 2026) — The Kentucky General Assembly has passed Senate Bill 195, legislation sponsored by Sen. Craig Richardson, R-Hopkinsville, to update Kentucky law governing civil liability in roadway construction and maintenance projects. The measure now heads to the governor’s desk for consideration.
Senate Bill 195 establishes clear standards for when contractors may be held liable for claims related to public infrastructure projects, providing greater legal clarity for both contractors and government entities.
Under the bill, when a state or local government accepts a completed project, a rebuttable presumption is created that the contractor met the required plans and specifications and fulfilled contractual responsibilities. The legislation also ensures contractors are not held liable for damages unless it can be shown that a failure to follow specifications or a hidden defect in their work was a substantial factor in causing injury, damage or death.
Additionally, SB 195 creates a rebuttable presumption in certain civil cases involving roadway incidents. If a driver is impaired or traveling 25 miles per hour or more over the speed limit, that behavior may be presumed to be a substantial factor in causing harm. The bill further clarifies that contractors are not responsible for design decisions or engineering judgments made by government entities unless they specifically assumed those responsibilities.
“This legislation is about bringing balance and certainty to how we handle civil liability in Kentucky,” Richardson said. “It protects those who do the job right while making sure there are still clear consequences when negligence causes harm.”
Richardson said the bill provides needed structure without weakening accountability.
“When expectations are clearly defined, it reduces unnecessary litigation and allows important infrastructure projects to move forward with confidence,” Richardson said. “At the same time, it preserves strong protections for the public and respects the rights of those who have been harmed.”
Senate Bill 195 now heads to the governor’s desk for his signature.