RIGHTS OF ACTION AND SURVIVAL OF ACTIONS

KRS tit. XXXVI, ch. 411

in effect

KRS 411.010 Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages

411.010. Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages In any civil action for damages inflicted by an assault or by an assault and battery, the defendant may plead as a defense to the claim for punitive damages, and introduce in evidence in mitigation of punitive damages, any matter of provocation that preceded the assault or battery, if the provocation prompted the assault or battery and was of a nature to cause a person of ordinary prudence and judgment to take the action taken by the defendant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73a-1.

KRS 411.020 Battery with certain weapons -- Punitive damages

411.020. Battery with certain weapons -- Punitive damages Any person struck by another with any of the weapons popularly known as colts, brass knuckles, slung shots or sandbags, or any imitation or substitute therefor, may recover for the injury done. The jury may also award punitive damages. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3.

KRS 411.025 Action against terrorist for injury to person or property -- Damages

411.025. Action against terrorist for injury to person or property -- Damages (1) As used in this section: (a) "Act of terror" means an activity that: 1. Involves violent acts or acts dangerous to human life that violate federal or state law; 2. Appears to be intended to: a. Intimidate or coerce a civilian population; b. Influence the policy of a government by intimidation or coercion; or c. Affect the conduct of a government by mass destruction, assassination, or kidnapping; and 3. Occurs primarily within the Commonwealth; and (b) "Terrorist" means a person who commits an act of terror, including a person who acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror or who lends material support to an act of terror. (2) Any person whose property or person is injured by a terrorist may file a claim for and recover damages from the terrorist. (3) Any person who files an action under this section is entitled to recover three (3) times the actual damages sustained or fifty thousand dollars ($50,000), whichever is greater, as well as court costs and attorney's fees in the trial and appellate courts if the person prevails in the claim. (4) A civil action brought under this section is remedial and does not limit any other civil or criminal action provided by law. Civil remedies provided under this section are supplemental and not exclusive. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 111, sec. 1, effective July 14, 2018. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 111, sec. 3 provided that this statute as created in Section 1 of that Act shall be known and may be cited as Andy's Law.

KRS 411.030 Action for seduction -- Proof

411.030. Action for seduction -- Proof An action for seduction may be maintained without any allegation or proof of the loss of service of the victim by reason of the wrongful act of the defendant. History: Amended 1974 Ky. Acts ch. 386, sec. 105. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2.

KRS 411.040 Accusation of incest, fornication or adultery -- Proof of damage

411.040. Accusation of incest, fornication or adultery -- Proof of damage An accusation of incest, fornication or adultery against any person shall be actionable. In such a case the plaintiff shall not be required to allege or prove special damage. History: Amended 1974 Ky. Acts ch. 386, sec. 104. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1.

KRS 411.045 Defenses allowed in action for libel or slander

411.045. Defenses allowed in action for libel or slander In the actions for libel or slander, the defendant may state the truth of the alleged libel or slander, and any mitigating circumstances; and, whether he prove the justification or not, he may prove the mitigating circumstances to reduce the amount of damages. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 124.

KRS 411.050 Repealed, 1964

411.050. Repealed, 1964 Catchline at repeal: Action for libel; retraction of statement; effect. History: Repealed 1964 Ky. Acts ch. 66, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438b-1.

KRS 411.051 Libel actions against newspaper, magazine, or periodical -- Demand for and publication of correction -- Effect

411.051. Libel actions against newspaper, magazine, or periodical -- Demand for and publication of correction -- Effect (1) In any action for damages for the publication of a defamatory statement in a newspaper, magazine, or periodical, the defendant shall be liable for actual damages sustained by plaintiff. The defendant may plead the publication of a correction in mitigation of damages. Punitive damages may be recovered only if the plaintiff shall allege and prove publication with legal malice and that the newspaper, magazine, or periodical failed to make conspicuous and timely publication of a correction after receiving a sufficient demand for correction. (2) A "sufficient demand for correction" is a demand for correction which is in writing; which is signed by the plaintiff or his duly-authorized attorney or agent; which specifies the statement or statements claimed to be false and defamatory, states wherein they are false, and sets forth the facts; and which is delivered to the defendant prior to the commencement of the action. (3) A "correction" is either: (a) The publication of an acknowledgment that the statement or statements specified as false and defamatory in the plaintiff's demand for correction are erroneous; or (b) The publication, in a fair and impartial manner as a matter of law, of the plaintiff's statement of the facts (as set forth in his demand for correction) or a fair summary thereof, exclusive of any portions thereof which are defamatory of another, obscene, or otherwise improper for publication. If the demand for correction has specified two (2) or more statements as false and defamatory, the correction may deal with some of such statements pursuant to (a) above and with other of such statements pursuant to (b) above. (4) A "conspicuous publication" in a newspaper is a publication which is printed in substantially as conspicuous a manner as the statement or statements specified as false and defamatory in the demand for correction. (5) A "timely publication" in a daily newspaper is a publication within ten (10) business days after the day on which a sufficient demand for correction is received by the defendant. A "timely publication" in a newspaper, magazine, or periodical other than a daily newspaper is a publication in or prior to the next regular issue which is published not less than ten (10) business days after the day on which a sufficient demand for correction is received by the defendant. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 202, sec. 3, effective July 15, 1996. -- Created 1964 Ky. Acts ch. 66, sec. 1.

KRS 411.060 Action for libel -- Privileged communications

411.060. Action for libel -- Privileged communications The publication of a fair and impartial report of any proceeding before any state or city legislative or executive body, board or officer, or the whole or a fair synopsis of any bill, report, resolution, bulletin, notice, petition, or other document presented, filed, or used in any proceeding before any state or city legislative or executive body, board or officer, shall be privileged, unless it is proved that the publication was maliciously made. The publication of a fair and impartial report or the whole or a synopsis of any indictment, warrant, affidavit, pleading or other document in any criminal or civil action in any court of competent jurisdiction shall be privileged, unless it is proved that it was published maliciously, or that the defendant after request by the plaintiff has failed to publish a reasonable explanation or contradiction thereof, giving the explanation or contradiction the same prominence and space as the original publication, or that the publisher has refused after request by the plaintiff to publish the subsequent determination of the proceeding. This section shall not authorize the publication of any indecent matter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438b-2.

KRS 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions

411.061. Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions (1) In any action against a radio or television broadcasting station for damages for the publication of a defamatory statement by a visual or sound radio broadcast, the plaintiff shall recover no more than special damages unless he shall allege and prove that he made a sufficient demand for correction and that the radio or television broadcasting station failed to make conspicuous and timely publication of said correction. (2) A "sufficient demand for correction" is a demand for correction which is in writing; which is signed by the plaintiff or his duly authorized attorney or agent; which specifies the statement or statements claimed to be false and defamatory, states wherein they are false, and sets forth the true facts; and which is delivered to the defendant prior to the commencement of the action. (3) A "correction" is either (a) the publication of an acknowledgment that the statement or statements specified as false and defamatory in the plaintiff's demand for correction are erroneous, or (b) the publication of the plaintiff's statement of the true facts (as set forth in his demand for correction) or a fair summary thereof, exclusive of any portions thereof which are defamatory of another, obscene, or otherwise improper for publication. If the demand for correction has specified two or more statements as false and defamatory, the correction may deal with some of such statements pursuant to (a) above and with other of such statements pursuant to (b) above. (4) A "conspicuous publication" in a visual or sound radio broadcast is a publication which is broadcast at substantially the same time of day, and with the same sending power, as the statement or statements specified as false and defamatory in the demand for correction. A publication in a particular manner which is agreeable to the plaintiff shall in any event be deemed "conspicuous." (5) A "timely publication" in a visual or sound radio broadcast is a publication within one business day after the day on which a sufficient demand for correction is received by the defendant. A "business day" is any day other than a Sunday or legal holiday. A publication on a particular day which is agreeable to the plaintiff shall in any event be deemed "timely." (6) "Special damages" are pecuniary damages which the plaintiff alleges and proves that he has suffered in respect to his property, business, trade, profession, or occupation (including such amounts of money as the plaintiff alleges and proves he has expended as a proximate result of the alleged defamation), and no other. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 43, sec. 1(1), effective May 18, 1956.

KRS 411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station

411.062. Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station If in any action for damages for the publication of a defamatory statement on a visual or sound radio broadcast, the defendant proves that said defamatory statement has been uttered by one other than the owner, licensee, or operator of the broadcasting station or one acting as the agent or employee of said owner, licensee or operator, the action shall be dismissed unless the plaintiff shall allege and prove that such owner, licensee, operator, agency or employee has failed to exercise due care to prevent the publication of said statement in said broadcast; provided, however, that bona fide compliance with any federal law or the regulation of any federal regulatory agency shall be construed as the exercise of due care; and provided, further, that in no event shall the owner, operator or licensee of a radio or television broadcasting station, or one acting as the agent or employee of such owner, operator or licensee, be held liable for the utterance of a defamatory statement in a visual or sound radio broadcast over the facilities of such station by any person speaking as a legally qualified candidate for public office, or on behalf of any such candidate. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 43, sec. 1(2), effective May 18, 1956.

KRS 411.065 Action for disseminating personally identifying information -- Exemption of service providers

411.065. Action for disseminating personally identifying information -- Exemption of service providers (1) Any person who violates KRS 525.085 shall be personally liable for actual and punitive damages, court costs, and reasonable attorney's fees in a civil cause of action brought against an alleged perpetrator: (a) By a victim; (b) By a victim's parent or legal guardian on behalf of a victim who is a minor; and (c) By a victim's immediate family member or household member, if he or she is harmed as a result of the same violation against the victim. (2) The action may be filed in the Circuit Court for the county where the alleged violation occurred or the county where the victim resides. (3) An individual found liable under this section shall be jointly and severally liable with each other person found liable under this section for the damages arising from the same violation of this section. (4) Nothing in this section shall be construed to impose liability on a broadband Internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. sec. 153, a commercial mobile service provider as defined in 47 U.S.C. sec. 332(d), or a cable operator as defined in 47 U.S.C. sec. 522, when acting in its capacity as a provider of those services. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 199, sec. 2, effective June 29, 2021.

KRS 411.067 Action against operator of unmanned aircraft system

411.067. Action against operator of unmanned aircraft system The owner, tenant, occupant, invitee, or licensee of privately owned real property may initiate a civil action in a court of competent jurisdiction against any person, agency, or political subdivision that violates KRS 500.130(12) and may seek: (1) Appropriate injunctive relief; (2) Actual damages; (3) Punitive damages; (4) Court costs; and (5) Reasonable attorney's fees. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 19, sec. 2, effective June 27, 2025.

KRS 411.070 Liability for falsely stating financial condition

411.070. Liability for falsely stating financial condition Any person who violates KRS 517.090 shall be personally liable to any person damaged by the violation for the amount of the damage. This section shall not release the principal for whom the person may have acted from any liability, but the person liable and the principal for whom he acted in violating this section shall be jointly and severally liable. History: Amended 1974 Ky. Acts ch. 406, sec. 314. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1213b-2.

KRS 411.080 Wrongful distress or attachment -- Reparation

411.080. Wrongful distress or attachment -- Reparation If property is distrained or attached without good cause the owner may, in an action against the party suing out the distress or attachment, recover damages for the wrongful seizure. If the property is sold he may also recover damages for the sale, and the defendant's costs in the distress or attachment, including reasonable attorney's fees. The plaintiff shall not be required to allege or prove malice on the part of the defendant under this section. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 7.

KRS 411.090 Liability of person gaming on premises without permission of owner

411.090. Liability of person gaming on premises without permission of owner If any person shall, in any house, boat, float or premises, without the permission of the owner, controller or occupier, engage in any hazard or game in which money or property is bet, won or lost, he shall be liable to the owner, controller or occupier for all damages and costs, legal and extraordinary, sustained in consequence thereof. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1976.

KRS 411.095 Liability for stealing or damaging goods of retailer or wholesaler

411.095. Liability for stealing or damaging goods of retailer or wholesaler (1) An adult or emancipated minor who damages, destroys, or takes possession of any goods, wares, or merchandise, stored, displayed, or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, in violation of the provisions of KRS Chapters 512 and 514, without having paid the purchase price thereof, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise not to exceed five hundred dollars ($500), plus an additional penalty to the owner of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (2) The custodial parents or legal guardian having custody of an unemancipated minor who damages, destroys, or takes possession of any goods, wares, or merchandise, stored, displayed, or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, which would be a public offense, without having paid the purchase price thereof, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise not to exceed five hundred dollars ($500), plus an additional penalty to the owner of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parents assigned responsibility for the minor child pursuant to a court order or action of the Cabinet for Health and Family Services, or any agency thereunder. (3) For the purposes of this section, "owner" shall include any agent or employee of the owner. (4) A conviction of an offense under KRS Chapters 512 or 514 is not a condition precedent to the maintenance of a civil action under this section. (5) Civil liability under this section shall not be limited by any other law that limits liability of parents of minor children. (6) An action for recovery of damages, or penalty, or both, and costs under this section may be brought in any court of competent jurisdiction, including the small claims division of District Court, if the total amount sought does not exceed the jurisdictional limit of the respective court. (7) The fact that an owner has a right to bring an action against any individual as provided in this section shall not limit the right of the owner to demand, in writing, that a person who is liable under this section remit the amount of the claim prior to the commencement of any legal action. (8) Judgments, but not claims, arising under this section may be assigned. (9) In addition to any civil damages or penalties, or both, which may be recovered under this section, a judgment for recovery shall also include court costs. (10) Civil claims under this section shall apply to those claims which arise after July 13, 1990. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 646, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 598, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 162, sec. 1, effective July 13, 1990.

KRS 411.100 Liability of city for property damaged by mob

411.100. Liability of city for property damaged by mob If, within any city, any church, convent, chapel, dwelling house, house used or designed for the transaction of lawful business, vessel or shipyard, railroad or property of any kind belonging to any street or other railroad company, or any article of personal property is damaged, or if any property is taken away or damaged by any riotous or tumultuous assemblage of people, the full amount of the damage done may be recovered by the person injured by action against the city, if the city authorities themselves, or with the aid of their own citizens, could have prevented the damage. However, no such liability shall be incurred by the city unless the city authorities had notice or good reason to believe that a riot or tumultuous assemblage was about to take place in time to prevent the destruction, either by their own force or by the aid of the citizens of the city. No person may maintain an action under this section if he has unlawfully contributed by word or deed toward exciting or inflaming the tumult or riot, or if he failed to do what he reasonably could toward preventing, allaying or suppressing it. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 8.

KRS 411.110 Action against city for injury from defect in thoroughfare -- Service of notice

411.110. Action against city for injury from defect in thoroughfare -- Service of notice No action shall be maintained against any city in this state because of any injury growing out of any defect in the condition of any bridge, street, sidewalk, alley or other public thoroughfare, unless notice has been given to the mayor, city clerk or clerk of the board of aldermen in the manner provided for the service of notice in actions in the Rules of Civil Procedure. This notice shall be filed within ninety (90) days of the occurrence for which damage is claimed, stating the time of and place where the injury was received and the character and circumstances of the injury, and that the person injured will claim damages therefor from the city. History: Amended 1954 Ky. Acts ch. 171, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741e-24.

KRS 411.115 Notice of action against governmental unit for damages from use of airport required -- Contents

411.115. Notice of action against governmental unit for damages from use of airport required -- Contents No action shall be brought against any governmental unit for damages, noise abatement or otherwise, arising from the operation of aircraft into or out of an airport unless written notice is given to such governmental unit within seven (7) days of the time within which each such operation occurred. Such notice shall state: (1) The location of the property affected; (2) The approximate time such operation occurred; and (3) If known, the type of aircraft and general direction of its flight. History: Created 1964 Ky. Acts ch. 134, sec. 1.

KRS 411.120 Action to quiet title; court order if title proved

411.120. Action to quiet title; court order if title proved Any person having both the legal title and possession of land may prosecute suit, by petition in equity, in the circuit court of the county where the land or some part of it lies, against any other person setting up a claim to it. If the plaintiff establishes his title to the land the court shall order the defendant to release his claim to it and to pay the plaintiff his costs, unless the defendant by his answer disclaims all title to the land and offers to give such release to the plaintiff, in which case the plaintiff shall pay the defendant's costs, unless for special reasons the court decrees otherwise respecting the costs. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 11.

KRS 411.130 Action for wrongful death -- Personal representative to prosecute -- Distribution of amount recovered

411.130. Action for wrongful death -- Personal representative to prosecute -- Distribution of amount recovered (1) Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased. (2) The amount recovered, less funeral expenses and the cost of administration and costs of recovery including attorney fees, not included in the recovery from the defendant, shall be for the benefit of and go to the kindred of the deceased in the following order: (a) If the deceased leaves a widow or husband, and no children or their descendants, then the whole to the widow or husband. (b) If the deceased leaves a widow and children or a husband and children, then one-half (1/2) to the widow or husband and the other one-half (1/2) to the children of the deceased. (c) If the deceased leaves a child or children, but no widow or husband, then the whole to the child or children. (d) If the deceased leaves no widow, husband or child, then the recovery shall pass to the mother and father of the deceased, one (1) moiety each, if both are living; if the mother is dead and the father is living, the whole thereof shall pass to the father; and if the father is dead and the mother living, the whole thereof shall go to the mother. In the event the deceased was an adopted person, "mother" and "father" shall mean the adoptive parents of the deceased. (e) If the deceased leaves no widow, husband or child, and if both father and mother are dead, then the whole of the recovery shall become a part of the personal estate of the deceased, and after the payment of his debts the remainder, if any, shall pass to his kindred more remote than those above named, according to the law of descent and distribution. History: Amended 1974 Ky. Acts ch. 89, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 6.

KRS 411.133 Joinder of wrongful death and personal injury actions

411.133. Joinder of wrongful death and personal injury actions It shall be lawful for the personal representative of a decedent who was injured by reason of the tortious acts of another, and later dies from such injuries, to recover in the same action for both the wrongful death of the decedent and for the personal injuries from which the decedent suffered prior to death, including a recovery for all elements of damages in both a wrongful death action and a personal injury action. History: Created 1968 Ky. Acts ch. 30, sec. 1.

KRS 411.135 Damages in action for wrongful death of minor

411.135. Damages in action for wrongful death of minor In a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of the damage usually recoverable in a wrongful death action. History: Created 1968 Ky. Acts ch. 30, sec. 2.

KRS 411.137 Limitation on right to recover for wrongful death of child if parent has abandoned care and maintenance

411.137. Limitation on right to recover for wrongful death of child if parent has abandoned care and maintenance (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child, unless: (a) The abandoning parent had resumed the care and maintenance at least one (1) year prior to the death of the child and had continued the care and maintenance until the child's death; or (b) The parent had been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent had substantially complied with all orders of the court requiring contribution to the support of the child. (2) This section may be cited as Mandy Jo's Law. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 414, secs. 2 and 4, effective July 14, 2000.

KRS 411.140 What action shall survive

411.140. What action shall survive No right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured, except actions for slander, libel, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury. For any other injury an action may be brought or revived by the personal representative, or against the personal representative, heir or devisee, in the same manner as causes of action founded on contract. Effective: June 19, 1952 History: Amended 1952 Ky. Acts ch. 147, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 10.

KRS 411.145 Damages for loss of consortium

411.145. Damages for loss of consortium (1) As used in this section "consortium" means the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife, or wife and husband. (2) Either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person. History: Created 1970 Ky. Acts ch. 200, sec. 1.

KRS 411.148 Nonliability of licensees and certified technicians for emergency care

411.148. Nonliability of licensees and certified technicians for emergency care (1) No physician licensed under KRS Chapter 311, registered or practical nurse licensed under KRS Chapter 314, person certified as an emergency medical technician by the Kentucky Cabinet for Health and Family Services, person certified by the American Heart Association or the American Red Cross to perform cardiopulmonary resuscitation, or employee of any board of education established pursuant to the provision of KRS 160.160, who has completed a course in first aid and who maintains current certification therein in accordance with the standards set forth by the American Red Cross shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment excluding house calls, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct. (2) Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration or with the expectation of remuneration. (3) The administering of emergency care or treatment at the scene of an emergency by employees of a board of education shall not be considered to be rendered for remuneration or with the expectation of remuneration because such personnel perform such care as part of their regular professional or work responsibilities for which they receive their regular salaries from the school board which is their employer. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 647, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 599, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 3, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, VI, sec. 107(11). -- Created 1972 Ky. Acts ch. 35, sec. 1.

KRS 411.150 Action by surviving spouse or child of person killed with deadly weapon

411.150. Action by surviving spouse or child of person killed with deadly weapon The surviving spouse and child, under the age of eighteen (18) or either of them, of a person killed by the careless, wanton or malicious use of a deadly weapon, not in self- defense, may have an action against the person who committed the killing and all others aiding or promoting, or any one (1) or more of them. In such actions the jury may give vindictive damages. History: Amended 1974 Ky. Acts ch. 386, sec. 97. -- Amended 1968 Ky. Acts ch. 100, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 4, effective October 1, 1942, from Ky. Stat. sec. 4.

KRS 411.152 Immunity of manufacturers, sellers, and trade associations from qualified civil liability actions relating to firearms -- Exceptions -- Preemption of laws -- Pleading of claims premised on exceptions -- Special motions -- Civil action brought by party harmed by claim -- Construction of state laws -- Foreign states or governments -- Authority of Attorney General

411.152. Immunity of manufacturers, sellers, and trade associations from qualified civil liability actions relating to firearms -- Exceptions -- Preemption of laws -- Pleading of claims premised on exceptions -- Special motions -- Civil action brought by party harmed by claim -- Construction of state laws -- Foreign states or governments -- Authority of Attorney General (1) As used in this section: (a) "Manufacturer" means any person engaged in the business of manufacturing a qualified product, including any and all owners, directors, officers, and employees of a manufacturer; (b) "Negligent entrustment": 1. Means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others; and 2. Does not include instances in which the harm was caused by a person who was not entrusted with the qualified product directly by the seller; (c) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity; (d) "Proximate cause" means the requirem ent that the plaintiff was directly injured by the defendant's allegedly unlawful conduct; (e) "Qualified civil liability action": 1. Means a civil action or proceeding, or an administrative proceeding, or any claim asserted in any action or proceeding, brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, including punitive d amages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or any other relief, resulting from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse, alteration, or modification of a qualified product by the person or a third party, under any theory of liability, including but not limited to statutory claims, or claims arising from tort or contract; and 2. Does not include a claim: a. Brought against a transferor convicted under 18 U.S.C. sec. 924(h), or a comparable or identical state felony law, by a party directly harmed by the conduct of which the transferee is convicted; b. Brought against a seller for negligent entrustment or negligence per se; c. In which a manufacturer or seller of a qualified pr oduct knowingly violated the Gun Control Act, 18 U.S.C. sec. 921 et seq., the National Firearms Act, 26 U.S.C. sec. 5801 et seq., the Arms Export Control Act, 22 U.S.C. sec. 2778 et seq., or the Export Control Reform Act of 2018, 50 U.S.C. secs. 4801 to 4852, or any equivalent state statute that is intended to and exclusively does impose specific and concrete obligations on manufacturers and sellers regarding the manner in which qualified products are manufactured, distributed, or transferred to unlicensed persons, including the obligations in KRS Chapters 237 and 527, and the violation was the sole proximate cause of the harm for which relief is sought. This exception does not include claims premised on nuisance or negligence, whether based in statute or common law; d. For breach of contract or warranty in connection with the purchase of the product; or e. For death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when lawfully used as intended in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that meets the elements of a criminal offense, then the act shall be considered the sole proximate cause of any resulting death, personal inju ries, or property damage. The exceptions enumerated in this subparagraph shall not be construed to be in conflict, and this section shall not be construed to create a public or private cause of action, claim, or remedy. The enumerated exceptions in this subparagraph shall be construed to limit the scope of the claims available to the extent that they conflict with the statutory law or common law of this Commonwealth; (f) "Qualified product" means a firearm as defined in KRS 237.060, ammunition as defined in KRS 237.060, or a component part of, or an accessory intended for use with, a firearm or ammunition, including but not limited to ammunition magazines or clips, optical devices, or other products intended to be included in, attached to or used while atta ched to, or in conjunction with, a firearm or ammunition; (g) "Seller": 1. Means any person engaged in the business of selling a qualified product at wholesale or retail, including import and export, and includes all owners, directors, officers, and employ ees of the entity; and 2. Does not include entities that meet the definition of "manufacturer" in paragraph (a) of this subsection; (h) "Trade association" means any corporation, unincorporated association, federation, business league, or professional or b usiness organization: 1. That is not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; 2. That is an organization described in 26 U.S.C. sec. 501(c)(6), and exempt from tax under 26 U.S.C. sec. 501(a); and 3. Two (2) or more members of which are manufacturers or sellers of a qualified product; and (i) "Unlawful use" means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product. (2) A qualified civil liability action shall not be brought against any manufacturer or seller of a qualified product, or trade association. (3) This section expressly preempts any local statutes, laws, or regulations that specifically impose liability on qualified product manufacturers, sellers, or trade associations, or that attempt to do so in a generally applicable manner to the extent the state or local law, statute, or regulation allows for civil actions, civil proceedings, and administrative proceedings for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from criminal misuse, alteration, or modification of a qualified product under any theory of liability, including but not limited to statutory claims or claims arising from tort or contract, except for causes of action expressly allowed in this section. (4) (a) A claim premised on an exception to the immunity granted by this section shall plead with particularity the factual allegations providing the basis for the application of the exception, including but not limited to those necessary to establish scienter and proximate cause. (b) Any qualified civil liability action or any action involving a claim premised on an exception to the immunity granted by subsection (1)(e)2. of this section shall allege particularized facts establishing that the manufacturer or seller of a qualified product, or trade association, was the proximate cause of the damages alleged. The court shall determine whether the particularized facts alleged by the plaintiff suffice to establish proximate cause as a matter of law. (c) Any manufacturer or seller of a qualified product, or trade association, shall be permitted to make a special motion under this subsection for dismissal or for entry of summary judgment in any qualified civil liability action or any action involving a claim premised on an exception to the immunity granted by this section, which shall be heard within forty-five (45) days of the motion. If discovery is required to rule on the motion, the court may order a discovery period not to exceed sixty (60) days and the discovery shall be limited to the issues of whether the action is subject to dismissal under this section. Any denial of a special motion to dismiss or special motion for summary judgment shall be immediately appealable, the appeal shall be expedited, and the timelines in this subsection shall be enforceable as of right by an action in mandamus in the Court of Appeals of Kentucky. (5) Any manufacturer or seller of a qualified product, or trade association, harmed by a claim brought, maintained, or continued in violation of this section after April 14, 2026, may initiate a civil action in a court of competent jurisdiction and may seek against any party, or the party's attorney of record: (a) Appropriate injunctive relief; (b) Actual damages; (c) Punitive damages if it is established that the defendant acted with actual malice or with willful misconduct; (d) Costs; and (e) Reasonable attorney's fees. (6) Notwithstanding any other law to the contrary, the provisions of: (a) KRS Chapter 367; (b) Any public nuisance law; or (c) Any general law of this Commonwealth; shall not be considered as statutes intended to and exclusively imposing specific and concrete obligations on manufacturers and sellers regarding the manner in which qualified products are manufactured, distributed, or transferred to unlicensed persons for purposes of this section and shall not provide a basis to circumvent the explicit requirements of subsection (1)(e)2. of this section. (7) A qualified civil liability action may not be brought in any court by a foreign state or government, and the exceptions to the immunity provided in this section shall not apply to claims brought by a foreign state or government. (8) The Attorney General shall have authority to: (a) Enforce the provisions of this section; (b) Intervene in any civil action brought under this section; and (c) Issue guidance to carry out the provisions of this section. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 177, sec. 1, effective April 14, 2026. Legislative Research Commission Note (4/14/2026). 2026 Ky. Acts ch. 177, sec. 2, provides: "This Act [2026 Ky. Acts ch. 177, which created KRS 411.152] shall apply to any qualified civil liability actions, including any claims asserted in any qualified civil liability action, filed on or after [April 14, 2026] against a manufacturer or seller of a qualified product, or trade association."

KRS 411.155 Liability for damages resulting from criminal use of a firearm by another person

411.155. Liability for damages resulting from criminal use of a firearm by another person (1) A person or entity shall not be held liable for damages of any kind resulting from injuries to another person sustained as a result of the criminal use of any firearm by a third person, unless the person or entity conspired with the third person to commit, or willfully aided, abetted, or caused the commission of, the criminal act in which the firearm was used. (2) This section shall not be construed to negate, limit, or modify the doctrine of negligence or strict liability relating to abnormally dangerous products or activities and defective products. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 223, sec. 1, effective July 15, 1988.

KRS 411.160 Repealed, 1966

411.160. Repealed, 1966 Catchline at repeal: Resolutions authorizing suit against Commonwealth not to be mentioned in trial of suit. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1948 Ky. Acts ch. 167, sec. 1.

KRS 411.165 Liability of attorney for professional negligence

411.165. Liability of attorney for professional negligence (1) If any attorney employed to attend to professional business neglects to attend to the business, after being paid anything for his services, or attends to the business negligently, he shall be liable to the client for all damages and costs sustained by reason thereof. (2) If any attorney employed to attend to any professional business receives his fee and does not attend to the business, he may be sued and made to refund the fee. History: Created 1976 Ky. Acts ch. 58, sec. 10.

KRS 411.167 Certificate of merit for medical malpractice actions

411.167. Certificate of merit for medical malpractice actions (1) A claimant commencing any action identified in KRS 413.140(1)(e), or against a long-term-care facility as defined in KRS 216.510 alleging that the long-term-care facility failed to provide proper care to one (1) or more residents of the facility, shall file a certificate of merit with the complaint in the court in which the action is commenced. (2) "Certificate of merit" means an affidavit or declaration that: (a) The claimant has reviewed the facts of the case and has consulted with at least one (1) expert qualified pursuant to the Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence who is qualified to give expert testimony as to the standard of care or negligence and who the claimant or his or her counsel reasonably believes is knowledgeable in the relevant issues involved in the particular action, and has concluded on the basis of review and consultation that there is reasonable basis to commence the action; (b) The claimant was unable to obtain the consultation required by paragraph (a) of this subsection because a limitation of time established by KRS Chapter 413 would bar the action and that the consultation could not reasonably be obtained before that time expired. An affidavit or declaration executed pursuant to this paragraph shall be supplemented by an affidavit or declaration pursuant to paragraph (a) of this subsection or paragraph (c) of this subsection within sixty (60) days after service of the complaint or the suit shall be dismissed unless the court grants an extension for good cause; or (c) The claimant was unable to obtain the consultation required by paragraph (a) of this subsection because the claimant or his or her counsel had made at least three (3) separate good-faith attempts with three (3) different experts to obtain a consultation and that none of those contacted would agree to a consultation; so long as none of those contacted gave an opinion that there was no reasonable basis to commence the action. (3) A single certificate of merit is required for an action even if more than one (1) defendant has been named in the complaint or is subsequently named. (4) A certificate of merit is not required where the claimant intends to rely solely on one (1) or more causes of action for which expert testimony is not required, including claims of res ipsa loquitur and lack of informed consent, in which case the complaint shall be accompanied by an affidavit or declaration that no cause of action is asserted for which expert testimony is required. (5) If a request by the claimant for the records of the claimant's medical treatment by the defendants has been made and the records have not been produced, the claimant shall not be required to file a certificate of merit under this section until ninety (90) days after the records have been produced. For purposes of this section, "records" includes but is not limited to paper or electronic copies of dictations, video recordings, fetal heart monitor strips, and imaging studies. (6) The identity and statements of an expert relied upon in subsection (2) of this section above are not discoverable, except: (a) When a claim is made under subsection (2)(c) of this section that the claimant was unable to obtain the required consultation with an expert, the court, upon the request of a defendant made prior to compliance by the claimant with this section, may require the claimant to divulge to the court, in camera and without disclosure by the court to any other party, the names of the physicians refusing to consult; or (b) If any party to an action hereto prevails on the basis of the failure of an opposing party to offer any competent expert testimony, the court may, upon motion, for good cause shown compel the opposing party or party's counsel to provide to the court the name of any expert consulted and any written materials relied upon in executing the certificate. (7) The claimant, in lieu of serving a certificate of merit, may provide the defendant or defendants with expert information in the form required by the Kentucky Rules of Civil Procedure. Nothing in this section requires the disclosure of any "consulting" or nontrial expert, except as expressly stated in this section. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 180, sec. 1, effective June 27, 2019.

KRS 411.170 Action on lost, destroyed, mutilated or defaced writing

411.170. Action on lost, destroyed, mutilated or defaced writing An ordinary or equitable action may be brought upon a bill of exchange, or a note or other obligation, or upon an indorsement or assignment thereof, which, or upon a judgment the record of which, is lost, destroyed, mutilated, or defaced, without fraud on the part of the plaintiff, or of those under whom he claims. But no action shall be brought upon an instrument transferable by delivery, merely, which is alleged to be lost, destroyed, mutilated, or defaced, without a previous tender by the plaintiff to the defendant, if his name and place of residence be known to the plaintiff, of an indemnifying bond, with good surety, nor shall judgment be given against the defendant, in such action, until such bond is given, with good surety approved by the court. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 7.

KRS 411.180 Actions against joint obligors -- Death of joint obligors -- Effect of judgment against some

411.180. Actions against joint obligors -- Death of joint obligors -- Effect of judgment against some If two (2) or more persons be jointly bound by contract, the action thereon may be brought against all or any of them, at the plaintiff's option. If any of the persons so bound be dead, the action may be brought against any or all of the survivors with the representatives of all or any of the decedents, or against the latter or any of them. If all the persons so bound be dead, the action may be brought against the representatives of all or any of them. An action or judgment against any one (1) or more of several persons jointly bound shall not be a bar to proceedings against the others. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 27.

KRS 411.182 Allocation of fault in tort actions -- Award of damages -- Effect of release

411.182. Allocation of fault in tort actions -- Award of damages -- Effect of release (1) In all tort actions, including products liability actions, involving fault of more than one (1) party to the action, including third-party defendants and persons who have been released under subsection (4) of this section, the court, unless otherwise agreed by all parties, shall instruct the jury to answer interrogatories or, if there is no jury, shall make findings indicating: (a) The amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and (b) The percentage of the total fault of all the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under subsection (4) of this section. (2) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. (3) The court shall determine the award of damages to each claimant in accordance with the findings, subject to any reduction under subsection (4) of this section, and shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault. (4) A release, covenant not to sue, or similar agreement entered into by a claimant and a person liable, shall discharge that person from all liability for contribution, but it shall not be considered to discharge any other persons liable upon the same claim unless it so provides. However, the claim of the releasing person against other persons shall be reduced by the amount of the released persons' equitable share of the obligation, determined in accordance with the provisions of this section. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 1, effective July 15, 1988.

KRS 411.184 Definitions -- Punitive damages -- Proof of punitive damages

411.184. Definitions -- Punitive damages -- Proof of punitive damages (1) As used in this section and KRS 411.186, unless the context requires otherwise: (a) "Oppression" means conduct which is specifically intended by the defendant to subject the plaintiff to cruel and unjust hardship. (b) "Fraud" means an intentional misrepresentation, deceit, or concealment of material fact known to the defendant and made with the intention of causing injury to the plaintiff. (c) "Malice" means either conduct which is specifically intended by the defendant to cause tangible or intangible injury to the plaintiff or conduct that is carried out by the defendant both with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm. (d) "Plaintiff" means any party claiming punitive damages. (e) "Defendant" means any party against whom punitive damages are sought. (f) "Punitive damages" includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish and to discourage him and others from similar conduct in the future. (2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice. (3) In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or ratified or should have anticipated the conduct in question. (4) In no case shall punitive damages be awarded for breach of contract. (5) This statute is applicable to all cases in which punitive damages are sought and supersedes any and all existing statutory or judicial law insofar as such law is inconsistent with the provisions of this statute. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 2, effective July 15, 1988.

KRS 411.186 Assessment of punitive damages

411.186. Assessment of punitive damages (1) In any civil action where claims for punitive damages are included, the jury or judge if jury trial has been waived, shall determine concurrently with all other issues presented, whether punitive damages may be assessed. (2) If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages. In determining the amount of punitive damages to be assessed, the trier of fact should consider the following factors: (a) The likelihood at the relevant time that serious harm would arise from the defendant's misconduct; (b) The degree of the defendant's awareness of that likelihood; (c) The profitability of the misconduct to the defendant; (d) The duration of the misconduct and any concealment of it by the defendant; and (e) Any actions by the defendant to remedy the misconduct once it became known to the defendant. (3) KRS 411.184 and this section are applicable to all cases in which punitive damages are sought. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 3, effective July 15, 1988.

KRS 411.187 Supersedeas bond to stay execution of judgment granting any relief during appeal -- Limit -- Rescission of limit if assets diverted or dissipated

411.187. Supersedeas bond to stay execution of judgment granting any relief during appeal -- Limit -- Rescission of limit if assets diverted or dissipated (1) In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate courts shall be set in accordance with applicable law, except that the total amount of the supersedeas bonds that are required collectively of all appellants during the appeal of a civil action may not exceed one hundred million dollars ($100,000,000) in the aggregate, regardless of the amount of the judgment that is appealed. (2) If the appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond requirement has been limited, is purposefully dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, the limitation granted under subsection (1) of this section shall be rescinded and a court may require the appellant to post a bond in an amount up to the full amount of the judgment pursuant to the Kentucky Rules of Civil Procedure. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 111, sec. 1, effective June 26, 2007. -- Created 2000 Ky. Acts ch. 205, sec. 1, effective March 29, 2000. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 111, sec. 2, provides that "Section 1 of this Act (this section) shall apply to all civil actions pending on the effective date of this Act (June 26, 2007)."

KRS 411.188 Notification of parties holding subrogation rights -- Collateral source payments and subrogation rights admissible

411.188. Notification of parties holding subrogation rights -- Collateral source payments and subrogation rights admissible (1) This section shall apply to all actions for damages, whether in contract or tort, commenced after July 15, 1988. (2) At the commencement of an action seeking to recover damages, it shall be the duty of the plaintiff or his attorney to notify, by certified mail, those parties believed by him to hold subrogation rights to any award received by the plaintiff as a result of the action. The notification shall state that a failure to assert subrogation rights by intervention, pursuant to Kentucky Civil Rule 24, will result in a loss of those rights with respect to any final award received by the plaintiff as a result of the action. (3) Collateral source payments, except life insurance, the value of any premiums paid by or on behalf of the plaintiff for same, and known subrogation rights shall be an admissible fact in any civil trial. (4) A certified list of the parties notified pursuant to subsection (2) of this section shall also be filed with the clerk of the court at the commencement of the action. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 4, effective July 15, 1988.

KRS 411.190 Obligations of owner to persons using land for recreation

411.190. Obligations of owner to persons using land for recreation (1) As used in this section: (a) "Land" means land, rocks, boulders, cliffs, roads, water, watercourses, pedestrian swinging bridges, private ways and buildings, structures, and machinery or equipment when attached to the realty; (b) "Owner" means the possessor of a fee, reversionary, or easement interest, a tenant, lessee, occupant, local government that expends public funds to maintain pedestrian swinging bridges that are available for recreation and public enjoyment, or person in control of the premises; (c) "Recreational purpose" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, rock climbing, bouldering, rappelling, bicycling, horseback riding, pleasure driving, nature study, water-skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites; and (d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land but does not include fees for general use permits issued by a government agency for access to public lands if the permits are valid for a period of not less than thirty (30) days. (2) The purpose of this section is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. (3) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on the pre mises to persons entering for such purposes. (4) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; (b) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or (c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of those persons. (5) Unless otherwise agreed in writing, the provisions of subsections (3) and (4) of this section shall be deemed applicable to the duties and liability of an owner of land leased to: (a) The state or any subdivision thereof for recreational purposes; and (b) A local government that maintains one (1) or more pedestrian swinging bridges that are available for recreation and public enjoyment on the land. (6) This section shall not limit in any way any liability that otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or (b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section. (7) This section shall not be construed to: (a) Create a duty of care, a duty of protection from danger or risk to any individual or the public in general, or other ground of liability for injury to persons or property; (b) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this section to exercise care in his or her use of the land and in his or her activities thereon, or from the legal consequences of failure to employ such care; or (c) Ripen into a claim for adverse possession absent a claim of title or legal right. (8) An action for the recovery of real property, including establishment of prescriptive easement, right-of-way, or adverse possession, shall not be brought by any person whose claim is based on use solely for recreational purposes. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 192, sec. 3, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 133, sec. 2, effective June 27, 2025. -- Amended 2002 Ky. Acts ch. 306, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 338, sec. 12, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 275, sec. 12, effective July 15, 1998. -- Created 1966 Ky. Acts ch. 252, secs. 1 to 7.

KRS 411.195 Enforceability of written agreement to pay attorney fees in event of default

411.195. Enforceability of written agreement to pay attorney fees in event of default Any provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default, shall be enforceable, provided, however, such fees shall only be allowed to the extent actually paid or agreed to be paid, and shall not be allowed to a salaried employee of such creditor, obligor or lienholder. Effective: July 13, 1984 History: Repealed and reenacted as a new section of this chapter 1984 Ky. Acts ch. 111, sec. 164, effective July 13, 1984. -- Created 1980 Ky. Acts ch. 169, sec. 1, effective July 15, 1980. Formerly codified as KRS 453.250.

KRS 411.200 Immunity from civil liability of officer, director or trustee of nonprofit organization

411.200. Immunity from civil liability of officer, director or trustee of nonprofit organization Any person who serves as a director, officer, volunteer or trustee of a nonprofit organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, and who is not compensated for such services on a salary or prorated equivalent basis, shall be immune from civil liability for any act or omission resulting in damage or injury occurring on or after July 15, 1988, if such person was acting in good faith and within the scope of his official functions and duties, unless such damage or injury was caused by the willful or wanton misconduct of such person. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 2, sec. 1, effective July 15, 1988.

KRS 411.210 Action for theft of identity or trafficking in stolen identities -- Statute of limitations

411.210. Action for theft of identity or trafficking in stolen identities -- Statute of limitations (1) In addition to pursuing any other remedy, anyone who is a victim under KRS 434.872, 434.874, 514.160, or 514.170, shall have a cause of action, either where the victim resides or the defendant resides, for compensatory and punitive damages against anyone who violates KRS 434.872, 434.874, 514.160, or 514.170 and, if successful, shall be awarded reasonable costs and attorneys' fees. (2) The statute of limitations for cases under the provisions of this section shall be five (5) years from the date of the discovery of the violation of KRS 434.872, 434.874, 514.160, or 514.170. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 175, sec. 3, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 174, sec. 3, effective July 14, 2000.

KRS 411.212 Action for damages caused by falsely reporting an incident -- Liability

411.212. Action for damages caused by falsely reporting an incident -- Liability (1) In addition to any restitution ordered by the court under KRS 519.040(4), any person who suffers harm as a result of a violation of KRS 519.040(1)(a) or (e) may recover damages in a civil cause of action against the alleged perpetrator, including but not limited to damages for infliction of emotional distress, compensatory and punitive damages, court costs, and reasonable attorney's fees. (2) The action may be filed in a court of competent jurisdiction for the county in which the alleged violation occurred or the plaintiff resides. (3) An individual found liable under this section shall be jointly and severally liable with each other person, if any, found liable under this section for the damages arising from the same violation of KRS 519.040. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 148, sec. 3, effective July 14, 2022.

KRS 411.215 Action for failure to remove sexually explicit image from Web site, online service or application, or mobile application upon request -- Damages -- Statute of limitations

411.215. Action for failure to remove sexually explicit image from Web site, online service or application, or mobile application upon request -- Damages -- Statute of limitations (1) A civil action may be maintained under this section against any person who, in violation of KRS 531.120(3), does not remove a sexually explicit image upon the request of the person depicted in the image. (2) A civil action may be maintained under this section whether or not the individual who is alleged to have violated KRS 531.120(3) has been charged or convicted under KRS 531.120. Liability under this section shall include damages of one thousand dollars ($1,000) for each sexually explicit image for each day the image remains on the Web site after receipt of the request. (3) An action under this section shall be brought within two (2) years of the last act of conduct in violation of KRS 531.120(3). Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 50, sec. 3, effective July 14, 2018.

KRS 411.218 Liability for damages resulting from sexual extortion

411.218. Liability for damages resulting from sexual extortion (1) Any person who violates KRS 531.125 shall be personally liable for actual and punitive damages, court costs, and reasonable attorney's fees in a civil cause of action brought against an alleged perpetrator by a: (a) Victim or the personal representative of his or her estate; or (b) Victim's parent or legal guardian on behalf of a victim who is a minor. (2) The action may be filed in the Circuit Court for the county where the alleged violation occurred or the county where the victim resides. (3) An individual found liable under this section shall be jointly and severally liable with each other person, if any, found liable under this section for the damages arising from the same violation of KRS 531.125. (4) Nothing in this section shall be construed to impose liability on: (a) When acting in its capacity as a provider of those services, a: 1. Broadband internet access service provider; 2. Telecommunications service provider, an interconnected VoIP service provider, or a mobile service provider as defined in 47 U.S.C. sec. 153; 3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; or 4. Cable operator as defined in 47 U.S.C. sec. 522; or (b) An interactive computer service, as defined in 47 U.S.C. sec. 230, related to content provided by a user of the interactive computer service. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 9, sec. 2, effective June 27, 2025.

KRS 411.220 Action by crime victim against stalker -- Damages -- Statute of limitations

411.220. Action by crime victim against stalker -- Damages -- Statute of limitations (1) A civil action may be maintained under this section against any person who commits the conduct prohibited under KRS 508.130, whether or not the individual who is alleged to have violated KRS 508.130 has been charged or convicted of the alleged crime. (2) The action may be: (a) Brought by a victim, or a victim's parent or legal guardian on behalf of a victim who is a minor; and (b) Filed in a court of competent jurisdiction in the county where the alleged violation occurred or the county where the victim resides. (3) Liability under this section shall include the actual damages caused by the violation and may include punitive damages, court costs, and reasonable at torney's fees. (4) An action under this section shall be brought within two (2) years of the last act of conduct in violation of this section. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 9, effective July 15, 2026. -- Created 2000 Ky. Acts ch. 400, sec. 2, effective July 14, 2000.

KRS 411.225 Employer immunity from civil liability for disclosure of employee information -- Exceptions -- Effect of provision

411.225. Employer immunity from civil liability for disclosure of employee information -- Exceptions -- Effect of provision (1) An employer who provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of that employee or prospective employer, shall be immune from civil liability arising out of the disclosure unless the plaintiff in the civil action proves: (a) That the employer disclosed the information knowing that it was false, with reckless disregard of whether it was true or false, or with intent to mislead the prospective employer; or (b) That the disclosure of the information by the employer constitutes an unlawful discriminatory practice under KRS Chapter 344. (2) This section does not create a new cause of action or substantive legal right against an employer. (3) This section does not limit an employer's immunity from civil liability or defenses established in another section of the Kentucky Revised Statutes or available at common law. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 77, sec. 1, effective July 13, 2004.

KRS 411.230 Action for damages caused by tampering with operations of key infrastructure asset

411.230. Action for damages caused by tampering with operations of key infrastructure asset A civil action may be maintained under this section against any person that knowingly directs or causes a person to violate KRS 512.020(1)(a)2. Liability shall include actual damages to personal or real property caused by the offense and may include punitive damages and court costs. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 54, sec. 10, effective July 15, 2026. -- Created 2020 Ky. Acts ch. 12, sec. 3, effective July 15, 2020.

KRS 411.240 Definitions for KRS 411.240 to 411.243

411.240. Definitions for KRS 411.240 to 411.243 As used in KRS 411.240 to 411.243: (1) "Apparently fit grocery product" means a grocery product that meets all consumer safety standards imposed by federal, state, and local laws and regulations even though the product may not be readily marketable because of appearance, age, date labeling, freshness, grade, size, surplus, or other conditions; (2) "Apparently wholesome food" means food that meets all consumer safety standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable because of appearance, age, date labeling, freshness, grade, size, surplus, or other conditions; (3) "Donate" means to give without requiring anything of monetary value from the recipient. The term donate includes giving by a nonprofit organization to another nonprofit organization, even if the donor organization has charged a fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value; (4) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption; (5) "Gleaner" means a person who harvests an agriculture crop that has been donated by the owner for: (a) Free distribution to people; or (b) Donation to a nonprofit organization for ultimate distribution to people; (6) "Grocery product" means a nonfood grocery product, including but not limited to a disposable paper or plastic product, household cleaning product, laundry detergent cleaning product, or miscellaneous household item; (7) "Intentional misconduct" means conduct by a person with actual knowledge at the time of the conduct that the conduct is harmful to the health and well-being of another person; (8) "Nonprofit organization" means an incorporated or unincorporated entity that: (a) Is operating for religious, charitable, or educational purposes; and (b) Does not provide net earnings to, or operate in any manner that inures to the benefit of, any officer, employee, or shareholder of the entity; and (9) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 19, sec. 1, effective June 29, 2017.

KRS 411.241 Immunity from liability for person, gleaner, or representative of nonprofit organization for donation of apparently wholesome food or apparently fit grocery product made in good faith to a nonprofit organization -- Exception -- Immunity from liability for 501(c)(3) tax-exempt nonprofit or religious organization or home-based processor -- Conditions

411.241. Immunity from liability for person, gleaner, or representative of nonprofit organization for donation of apparently wholesome food or apparently fit grocery product made in good faith to a nonprofit organization -- Exception -- Immunity from liability for 501(c)(3) tax-exempt nonprofit or religious organization or home-based processor -- Conditions (1) (a) A person, gleaner, or paid or unpaid representative of a nonprofit organization shall not be subject to any civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to people, unless the acts constitute intentional misconduct. (b) The protection from liability created by this subsection extends to an apparently wholesome food or apparently fit grocery product bearing a past- date expiration date, sell-by date, use-by date, or other date. (2) (a) A nonprofit organization or paid or unpaid representative of a nonprofit organization shall not be subject to any civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to people, unless the acts constitute intentional misconduct. (b) The protection from liability created by this subsection extends to an apparently wholesome food or apparently fit grocery product bearing a past- due expiration date, sell-by date, use-by date, or other date. (3) A person who allows the collection or gleaning of donations on property owned or occupied by the person, by gleaners or by paid or unpaid representatives of a nonprofit organization for ultimate distribution to people, shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative unless the acts constitute intentional misconduct. (4) A nonprofit or religious organization that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code or a home-based processor shall not be subject to any civil or criminal liability arising from the production or donation of safe and apparently wholesome food to a homeless shelter or to individuals displaced due to a declared natural disaster in accordance with KRS 217.127(4). Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 30, sec. 3, effective July 15, 2026. -- Created 2017 Ky. Acts ch. 19, sec. 2, effective June 29, 2017.

KRS 411.242 Immunity from liability for person or gleaner donating food or grocery products not meeting governmental consumer safety standards -- Conditions

411.242. Immunity from liability for person or gleaner donating food or grocery products not meeting governmental consumer safety standards -- Conditions If some or all of any food or grocery products donated by a person or gleaner to a nonprofit organization do not meet consumer safety standards imposed by federal, state, and local laws and regulations, the person or the gleaner who donates the food or grocery products shall not be subject to civil or criminal liability in accordance with this section, if the nonprofit organization that receives the donated food or grocery products: (1) Is informed by the donor of the distressed or defective condition of the donated food or grocery product; (2) Agrees to recondition the donated food or grocery product to comply with consumer safety standards prior to distribution; and (3) Is knowledgeable about the standards to properly recondition the donated food or grocery product. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 19, sec. 3, effective June 29, 2017.

KRS 411.243 Construction of KRS 411.240 to 411.243

411.243. Construction of KRS 411.240 to 411.243 KRS 411.240 to 411.243 shall not be construed to create any liability for any person or entity. Nothing in KRS 411.240 to 411.243 shall be construed to supersede any federal or state regulations. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 19, sec. 4, effective June 29, 2017.

KRS 411.245 Immunity from liability for damaging a vehicle to remove a minor -- Conditions -- Limitations

411.245. Immunity from liability for damaging a vehicle to remove a minor -- Conditions -- Limitations (1) A person who enters a vehicle, as defined in KRS 503.010, for the purpose of removing a minor shall be immune from civil liability for any resulting damage to the vehicle if the person: (a) Has a reasonable, good faith belief, based upon the circumstances known to the person at the time, that entry into the vehicle is necessary because the minor is in imminent danger of physical injury if not immediately removed from the vehicle; (b) Has contacted local law enforcement, the local fire department, or a 911 emergency telephone service prior to entering the vehicle; (c) Uses no more force to enter the vehicle and remove the minor than is reasonably necessary under the circumstances; and (d) 1. Remains with the minor in a safe location, out of the elements but reasonably close to the vehicle, until law enforcement, firefighters, or other emergency responders arrive; or 2. Reasonably determines that emergency conditions require leaving the scene with the minor, and places written notice on the vehicle containing: a. The person's contact information; b. The reason entry into the vehicle was made; c. The minor's location; and d. Notice that authorities have been contacted. (2) This section does not limit a person's immunity from civil liability or defenses established in another section of the Kentucky Revised Statutes or available at common law. Effective:April 8, 2016 History: Created 2016 Ky. Acts ch. 52, sec. 1, effective April 8, 2016. Legislative Research Commission Note (4/8/2016). 2016 Ky. Acts ch. 52, sec. 2 provided that this statute shall be known and may be cited as the "Look Before You Lock Act."

KRS 411.250 Legislative intent

411.250. Legislative intent The General Assembly finds that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged residential construction defects. It is the intent of the General Assembly that KRS 411.250 to 411.266 apply to these types of civil actions while preserving adequate rights and remedies for homeowners who bring and maintain such actions. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 2, effective June 24, 2003.

KRS 411.252 Definitions for KRS 411.250 to 411.266

411.252. Definitions for KRS 411.250 to 411.266 As used in KRS 411.250 to 411.266, unless the context otherwise requires: (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect; (2) "Claimant" means a homeowner who asserts a claim against a construction professional concerning a defect in the construction of a residence; (3) "Construction professional" means a builder; (4) "Homeowner" means any person, company, firm, partnership, corporation, association, or other entity that contracts with a construction professional for the construction of a residence. "Homeowner" includes but is not limited to a subsequent purchaser of a residence from any homeowner; (5) "Residence" means a single-family house, duplex, triplex, or quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium regime as established in KRS 381.815 and shall include general common elements and limited common elements as defined in KRS 381.810; and (6) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 1, effective June 24, 2003.

KRS 411.254 Applicability of KRS 411.250 to 411.266

411.254. Applicability of KRS 411.250 to 411.266 KRS 411.250 to 411.266 shall: (1) Apply to any claim that arises before, on, or after July 15, 2003, as the result of a construction defect, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 15, 2003; (2) Prevail over any conflicting law otherwise applicable to the claim or cause of action; (3) Not bar or limit any claim or defense otherwise available except as otherwise provided in KRS 411.250 to 411.266; and (4) Not create a new theory upon which liability may be based. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 3, effective June 24, 2003.

KRS 411.256 Circumstances under which construction professional is liable

411.256. Circumstances under which construction professional is liable In a claim to recover damages resulting from a construction defect, a construction professional is liable for his or her acts or omissions or the acts or omissions of his or her agents, employees, or subcontractors and is not liable for any damages caused by: (1) The acts or omissions of a person other than the construction professional or his or her agent, employee, or subcontractor; (2) The failure of a person other than the construction professional or his or her agent, employee, or subcontractor to take reasonable action to reduce the damages or maintain the residence; (3) Normal wear, tear, or deterioration; (4) Normal shrinkage, swelling, expansion, or settlement; or (5) Any construction defect disclosed to a claimant before his or her purchase of the residence, if the disclosure was provided in writing and in language that is understandable and was signed by the claimant. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 4, effective June 24, 2003.

KRS 411.258 Written notice of claim to be served on construction professional in construction defect action -- Offer to remedy or settle -- Acceptance or rejection of offer -- Commencement of action -- Notice of claim tolls statute of limitations

411.258. Written notice of claim to be served on construction professional in construction defect action -- Offer to remedy or settle -- Acceptance or rejection of offer -- Commencement of action -- Notice of claim tolls statute of limitations (1) In every construction defect action brought against a construction professional, the claimant shall serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect. (2) Within twenty-one (21) days after service of the notice of claim, the construction professional shall serve a written response on the claimant by registered mail or personal service. The written response shall: (a) Propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame. The proposal shall include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim; (b) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this paragraph to compromise and settle a homeowner's claim may include but is not limited to an express offer to purchase the claimant's residence that is the subject of the claim, and to pay the claimant's reasonable relocation costs; or (c) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim. (3) (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2) of this section, then the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice. (b) If the claimant rejects the inspection proposal or the settlement offer made by the construction professional pursuant to subsection (2) of this section, then the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant's receipt of the construction professional's response, either an acceptance or a rejection of the inspection proposal or settlement offer, then at any time thereafter the construction professional may terminate the proposal or offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the construction professional for the construction defect claim described in the notice of claim. (4) (a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal pursuant to subsection (2)(a) of this section, then the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect. (b) Within fourteen (14) days following completion of the inspection, the construction professional shall serve on the claimant: 1. A written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of this construction; or 2. A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or 3. A written statement that the construction professional will not proceed further to remedy the defect. The claimant shall have the right to accept or reject the proposed construction defect correction, or the monetary offer to settle the claim. (c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with the provisions of paragraph (b) of this subsection, then the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice. (d) If the claimant rejects the offer made by the construction professional pursuant to paragraph (b)1. or 2. of this subsection to either remedy the construction defect or to compromise and settle the claim by monetary payment, then the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant's receipt of the construction professional's response, either an acceptance or a rejection of the offer made pursuant to paragraph (b)1. or 2. of this subsection, then at any time thereafter the construction professional may terminate the offer by serving written notice to the claimant. (5) (a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (4)(b)1. of this section shall do so by serving the construction professional with a written notice of acceptance within a reasonable time period after receipt of the offer, and no later than thirty (30) days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer. (b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer, including but not limited to repair of additional defects. (6) If a claimant files a complaint, counterclaim, or cross-claim prior to meeting the requirements of this section, then the court may issue an order holding the action in abeyance until the parties comply with this section. (7) Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform by the timetable agreed upon pursuant to subsection (2)(a) or (5) of this section. (8) The service of an amended notice of claim shall relate back to the original notice of claim for purposes of tolling statutes of limitations and repose. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 5, effective June 24, 2003.

KRS 411.260 Notice of construction professional's right to offer to cure defects before commencement of litigation -- Action not barred if homeowner is not given notice

411.260. Notice of construction professional's right to offer to cure defects before commencement of litigation -- Action not barred if homeowner is not given notice (1) The construction professional shall provide notice to each homeowner, upon entering into a contract for the construction of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. The notice shall be conspicuous and may be included as part of the underlying contract signed by the homeowner. (2) The notice required by this section shall be in substantially the following form: "SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT." (3) KRS 411.250 to 411.266 shall not preclude or bar any action if notice is not given to the homeowner as required by this section. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 6, effective June 24, 2003.

KRS 411.262 Construction of KRS 411.250 to 411.266

411.262. Construction of KRS 411.250 to 411.266 (1) Nothing in KRS 411.250 to 411.266 shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction and nothing in KRS 411.250 to 411.266 precludes the termination of those relationships as allowed under other law. (2) Nothing in KRS 411.250 to 411.266 shall negate or otherwise restrict a construction professional's right to access or inspection provided by law, covenant, easement, or contract. (3) Noncompliance by the homeowner with KRS 411.258 shall not operate as an affirmative defense in an action against a construction professional by the homeowner or another construction professional for emergency repairs. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 7, effective June 24, 2003.

KRS 411.264 Effect of notice of claim on statute of limitations

411.264. Effect of notice of claim on statute of limitations If a written notice of claim is served under KRS 411.258, then the statute of limitation for the underlying action is tolled until seventy-five (75) days after the expiration of the time frame agreed to by the parties as permitted in KRS 411.258(2), or the date established for inspection pursuant to KRS 411.258(2)(a), or the expiration of the time frame contained in KRS 411.258(4)(b), whichever occurs later. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 8, effective June 24, 2003.

KRS 411.266 Short title for KRS 411.250 to 411.266

411.266. Short title for KRS 411.250 to 411.266 KRS 411.250 to 411.266 shall be known as the Notice and Opportunity to Repair Act. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 123, sec. 9, effective June 24, 2003.

KRS 411.270 Definitions for KRS 411.270 to 411.282

411.270. Definitions for KRS 411.270 to 411.282 As used in KRS 411.270 to 411.282, unless the context otherwise requires: (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a home inspector to assert a claim, whether by complaint, counterclaim, or cross-claim, for damages or the loss of use of real or personal property caused by a deficient home inspection or home inspection report regarding the inspection of a home. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a deficient home inspection or home inspection report; (2) "Claimant" means a client who asserts a claim against a home inspector concerning a deficient home inspection or home inspection report regarding the inspection of a home; (3) "Home" means a structure consisting of at least one (1) but not more than four (4) units, each designed for occupancy by a single family, whether the units are occupied or unoccupied; (4) "Home inspector" means a person licensed in accordance with KRS 198B.700 to 198B.738; and (5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 21, effective July 13, 2004. Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, directed that this section be created as a new section of KRS Chapter 21, the statute has been codified in KRS Chapter 411 because it is clear from the subject matter of this statute, the structure of ch. 109, and the range created by ch. 109, secs. 21 to 27, that placement in KRS Chapter 411 was intended. See KRS 7.136(1)(a) and (h). Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, subsec. (4), "home inspector" is defined as "a person licensed in accordance with Sections 1 to 27 of this Act." Because the home inspector licensure provisions in ch. 109 are confined to Sections 1 to 20, and Sections 21 to 27 set forth notice and opportunity to repair procedures that must be followed prior to bringing an action for damages against a home inspector, the reference to Sections 1 to 27 in subsection (4) has been changed by the Reviser of Statutes to the statutes at which Sections 1 to 20 are codified. See KRS 7.136(1)(a) and (h).

KRS 411.272 Scope of KRS 411.270 to 411.282

411.272. Scope of KRS 411.270 to 411.282 KRS 411.270 to 411.282 shall: (1) Apply to any claim that arises before, on, or after July 15, 2004, as the result of a deficient home inspection or home inspection report regarding the inspection of a home, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 15, 2004; (2) Prevail over any conflicting law otherwise applicable to the claim or cause of action; (3) Not bar or limit any claim or defense otherwise available except as otherwise provided in KRS 411.270 to 411.282; and (4) Not create a new theory upon which liability may be based. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 22, effective July 13, 2004.

KRS 411.274 Circumstances under which home inspector liable

411.274. Circumstances under which home inspector liable In a claim to recover damages resulting from a deficient home inspection or home inspection report regarding the inspection of a home, a home inspector is liable for his or her acts or omissions or the acts or omissions of his or her agents or employees and is not liable for any damages caused by: (1) The acts or omissions of a person other than the home inspector or his or her agent or employee; or (2) Any construction defect disclosed to a claimant before his or her purchase of the home, if the disclosure was provided in writing and in language that is understandable and was signed by the claimant. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 23, effective July 13, 2004.

KRS 411.276 Written notice of claim required -- Offer to remedy or settle -- Acceptance or rejection of offer -- Tolling of statute of limitations

411.276. Written notice of claim required -- Offer to remedy or settle -- Acceptance or rejection of offer -- Tolling of statute of limitations (1) In every deficient home inspection or home inspection report action brought against a home inspector, the claimant shall serve written notice of claim on the home inspector. The notice of claim shall state that the claimant asserts a deficient home inspection or home inspection report claim against the home inspector and shall describe the claim in reasonable detail sufficient to determine the general nature of the deficiency. (2) Within twenty-one (21) days after service of the notice of claim, the home inspector shall serve a written response on the claimant by registered mail or personal service. The written response shall: (a) Propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame. The proposal shall include the statement that the home inspector shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim; (b) Offer to compromise and settle the claim by monetary payment without inspection; or (c) State that the home inspector disputes the claim. (3) (a) If the home inspector disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2) of this section, then the claimant may bring an action against the home inspector for the claim described in the notice of claim without further notice. (b) If the claimant rejects the inspection proposal or the settlement offer made by the home inspector pursuant to subsection (2) of this section, then the claimant shall serve written notice of the claimant's rejection on the home inspector. After service of the rejection, the claimant may bring an action against the home inspector for the deficient home inspection or home inspection report claim described in the notice of claim. If the home inspector has not received from the claimant, within thirty (30) days after the claimant's receipt of the home inspector's response, either an acceptance or a rejection of the inspection proposal or settlement offer, then at any time thereafter the home inspector may terminate the proposal or offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the home inspector for the deficient home inspection or home inspection report claim described in the notice of claim. (4) (a) If the claimant elects to allow the home inspector to inspect in accordance with the home inspector's proposal pursuant to subsection (2)(a) of this section, then the claimant shall provide the home inspector reasonable access to the claimant's home during normal working hours to inspect the premises. (b) Within fourteen (14) days following completion of the inspection, the home inspector shall serve on the claimant: 1. A written offer to remedy the defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the remedy necessary to cure the defect described in the claim, and a timetable for the completion of this remedy; 2. A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or 3. A written statement that the home inspector will not proceed further to remedy the defect. The claimant shall have the right to accept or reject the proposed remedy, or the monetary offer to settle the claim. (c) If the home inspector does not proceed further to remedy the defect within the agreed timetable, or if the home inspector fails to comply with the provisions of paragraph (b) of this subsection, then the claimant may bring an action against the home inspector for the claim described in the notice of claim without further notice. (d) If the claimant rejects the offer made by the home inspector pursuant to paragraph (b)1. or 2. of this subsection to either remedy the defect or to compromise and settle the claim by monetary payment, then the claimant shall serve written notice of the claimant's rejection on the home inspector. After service of the rejection notice, the claimant may bring an action against the home inspector for the deficient home inspection or home inspection report claim described in the notice of claim. If the home inspector has not received from the claimant, within thirty (30) days after the claimant's receipt of the home inspector's response, either an acceptance or a rejection of the offer made pursuant to paragraph (b)1. or 2. of this subsection, then at any time thereafter the home inspector may terminate the offer by serving written notice to the claimant. (5) (a) Any claimant accepting the offer of a home inspector to remedy the defect pursuant to subsection (4)(b)1. of this section shall do so by serving the home inspector with a written notice of acceptance within a reasonable time period after receipt of the offer, and no later than thirty (30) days after receipt of the offer. The claimant shall provide the home inspector reasonable access to the claimant's home during normal working hours to perform and complete the remedy by the timetable stated in the offer. (b) The claimant and home inspector may, by written mutual agreement, alter the extent of remedy or the timetable, including but not limited to repair of additional defects. (6) If a claimant files a complaint, counterclaim, or cross-claim prior to meeting the requirements of this section, then the court may issue an order holding the action in abeyance until the parties comply with this section. (7) Nothing in this section may be construed to prevent a claimant from commencing an action on the deficient home inspection or home inspection report claim described in the notice of claim if the home inspector fails to perform the remedy agreed upon or fails to perform by the timetable agreed upon pursuant to subsection (2)(a) or (5) of this section. (8) The service of an amended notice of claim shall relate back to the original notice of claim for purposes of tolling statutes of limitations and repose. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 24, effective July 13, 2004.

KRS 411.278 Notice of home inspector's right to cure before commencement of litigation -- Action not barred if home inspector fails to give notice

411.278. Notice of home inspector's right to cure before commencement of litigation -- Action not barred if home inspector fails to give notice (1) The home inspector shall, upon entering into a contract for the inspection of a building or residence, provide notice to each client of the home inspector's right to offer to cure a deficient home inspection or home inspection report before a client may commence litigation against the home inspector. The notice shall be conspicuous and may be included as part of the underlying contract signed by the client. (2) The notice required by this section shall be in substantially the following form: "CHAPTER 411 OF THE KENTUCKY REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE HOME INSPECTOR OF YOUR RESIDENCE. YOU MUST DELIVER TO YOUR HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSPECTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE HOME INSPECTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT." (3) KRS 411.270 to 411.282 shall not preclude or bar any action if notice is not given to the client as required by this section. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 25, effective July 13, 2004.

KRS 411.280 Construction of KRS 411.270 to 411.282

411.280. Construction of KRS 411.270 to 411.282 (1) Nothing in KRS 411.270 to 411.282 shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and home inspectors during the process of inspection, and nothing in KRS 411.270 to 411.282 precludes the termination of those relationships as allowed under other law. (2) Noncompliance by the client with KRS 411.276 shall not operate as an affirmative defense in an action against a home inspector by the client for emergency repairs. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 26, effective July 13, 2004.

KRS 411.282 Effect of notice of claim on statute of limitations

411.282. Effect of notice of claim on statute of limitations If a written notice of claim is served under KRS 411.276, then the statute of limitation for the underlying action is tolled until seventy-five (75) days after the expiration of the time frame agreed to by the parties under KRS 411.276(2), or the date established for inspection pursuant to KRS 411.276(2)(a), or the expiration of the time frame contained in KRS 411.276(4)(b), whichever occurs later. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 27, effective July 13, 2004.

KRS 411.290 Definitions KRS 411.290 to 411.298

411.290. Definitions KRS 411.290 to 411.298 As used in KRS 411.290 to 411.298, unless the context otherwise requires: (1) "Contracting entity" means the Commonwealth, or any city, county, urban-county government, consolidated local government, unified local government, or charter county government; (2) "Contractor" means any individual, corporation, limited liability company, partnership, or other legal entity, and any subcontractor, director, officer, or employee of the individual or legal entity that contracts with a contracting entity to furnish labor, materials, equipment, and other incidentals necessary for performance of work on a project; (3) "Dangerous condition" means a condition that is not reasonably safe for the intended use of the roadway and is capable of causing an individual physical injury or death under the anticipated use of the roadway; (4) "Design professional" means a licensed professional engineer or other individual or entity licensed or permitted under Kentucky law to perform design services that contracts with a contracting entity to provide design services for a project, including the preparation of plans, drawings, and specifications; (5) "Latent defect" means a defect or omission resulting from the work performed or materials provided by the contractor under the contract that was not discoverable, visible, or apparent; (6) "Project" means the construction, repair, or maintenance by a contractor of a section of highway, road, bridge, or street together with all appurtenances, as specified in a contract with a contracting entity; and (7) "Specifications" means plans, traffic control requirements, communication requirements, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 97, sec. 1, effective July 15, 2026.

KRS 411.292 Rebuttable presumption that design, plans, and specifications prepared by design professional comply with applicable design and engineering standards and contracting entity standards -- Liability

411.292. Rebuttable presumption that design, plans, and specifications prepared by design professional comply with applicable design and engineering standards and contracting entity standards -- Liability (1) Acceptance of a project by the contractin g entity shall create a rebuttable presumption that the: (a) Design, plans, and specifications prepared by the design professional comply with the applicable design and engineering standards and requirements established or mandated by the contracting entit y; (b) Contractor followed the plans and specifications of the contracting entity; and (c) Contractor satisfied their responsibility to the contracting entity. (2) A contractor or design professional entitled to the rebuttable presumption established under subsection (1) of this section shall not be liable for any claims for property damage, physical injury, or death alleged to arise out of the work performed on the project in any civil cause of action unless it is established by a preponderance of the evidence that: (a) An error or omission in the design, plans, or specifications prepared by the design professional, resulting in a dangerous condition; (b) A failure of the contractor to follow the plans and specifications, resulting in a dangerous condition; or (c) A latent defect creating a dangerous condition that is the result of the work of the contractor; was a substantial factor in causing the alleged property damage, physical injury, or death. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 97, sec. 2, effective July 15, 2026.

KRS 411.294 Rebuttable presumption in action against contracting entity that prohibited conduct was substantial factor

411.294. Rebuttable presumption in action against contracting entity that prohibited conduct was substantial factor In any action for injury, damages, or wrongful death, whether in contract or in tort, against a contracting entity, its contractor, or its design professional arising from any negligent act or omission in the design, construction, or maintenance of a public highway, road, bridge, or street, when it is established by a preponderance of the evidence that: (1) The operator of the vehicle engaged in conduct that would have supported a violation of KRS 189.292 or 189A.010; or (2) The vehicle was traveling at a rate of twenty-five (25) or more miles per hour over the applicable speed limit; there shall be a rebuttable presumption that the prohibited conduct was a substantial factor in causing the injury, damages, or wrongful death. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 97, sec. 3, effective July 15, 2026.

KRS 411.296 Contractor civil liability limitations

411.296. Contractor civil liability limitations A contractor shall bear no civil liability for: (1) Any alleged property damage, personal injury, death, or other civil claims made by a noncontractual third party arising from the design decisions or professional engineering judgment, including decisions relating to the proper scope or inspection of the project, of the contracting entity. This subsection shall not apply when the contractor either: (a) Contracts in whole or in part to design the project or to provide professional engineering services related to the design of the project; or (b) Undertakes to provide design or professional engineering services as to the project; or (2) Any dangerous condition that is outside the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the contracting entity, except when: (a) The contractor contracts to design in whole or in part the project or to provide engineering services related to the design of the project; or (b) The contractor undertakes to provide services related to the project that are outside the scope of the project or that are in excess of any requirement of the governing plans and specifications. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 97, sec. 4, effective July 15, 2026.

KRS 411.298 Application of KRS 411.290 to 411.298

411.298. Application of KRS 411.290 to 411.298 KRS 411.290 to 411.298 shall: (1) Apply to any claim that arises on or after July 15, 2026; (2) Not bar or limit any claim or defense otherwise available, except as otherwise provided in KRS 411.290 to 411.298; and (3) Not create a new theory upon which liability may be based. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 97, sec. 5, effective July 15, 2026.

KRS 411.300 Definitions

411.300. Definitions (1) As used in KRS 411.310 to 411.340, a "product liability action" shall include any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product. (2) As used in KRS 411.310 to 411.340, a "plaintiff" shall mean a person asserting a claim and, if said claim is asserted on behalf of an estate, "plaintiff" shall include plaintiff's decedent. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 91, sec. 2, effective June 17, 1978.

KRS 411.310 Presumptions in product liability actions

411.310. Presumptions in product liability actions (1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5) years after the date of sale to the first consumer or more than eight (8) years after the date of manufacture. (2) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared, and the product was manufactured. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 91, sec. 3, effective June 17, 1978.

KRS 411.320 Circumstances under which defendant is liable

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

KRS 411.330 Repealed, effective July 1, 1992

411.330. Repealed, effective July 1, 1992 Catchline at repeal: Admissibility of certain evidence. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1978 Ky. Acts ch. 91, sec. 5, effective June 17, 1978. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 411.340 When wholesaler, distributor or retailer to be held liable

411.340. When wholesaler, distributor or retailer to be held liable In any product liability action, if the manufacturer is identified and subject to the jurisdiction of the court, a wholesaler, distributor, or retailer who distributes or sells a product, upon his showing by a preponderance of the evidence that said product was sold by him in its original manufactured condition or package, or in the same condition such product was in when received by said wholesaler, distributor or retailer, shall not be liable to the plaintiff for damages arising solely from the distribution or sale of such product, unless such wholesaler, distributor or retailer, breached an express warranty or knew or should have known at the time of distribution or sale of such product that the product was in a defective condition, unreasonably dangerous to the user or consumer. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 91, sec. 6, effective June 17, 1978.

KRS 411.350 Short title

411.350. Short title KRS 411.300 to 411.340 shall be known as the "Product Liability Act of Kentucky." Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 91, sec. 1, effective June 17, 1978.

KRS 411.400 Definitions for KRS 411.400 to 411.406

411.400. Definitions for KRS 411.400 to 411.406 As used in KRS 411.400 to 411.406, unless the context clearly requires otherwise: (1) "Motor fuel" has the same meaning as in KRS 363.900; (2) "Retailer" means any person, firm, or corporation who sells or offers for sale motor fuel from a retail facility; (3) "Retail facility" has the same meaning as in KRS 363.900; and (4) "Vehicle" means a "motor vehicle" as defined by KRS 138.210 or a "motorboat" as defined by KRS 235.010. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 110, sec. 1, effective July 15, 2008.

KRS 411.402 Civil liability for theft of motor fuel -- Penalties -- Notice of nonpayment

411.402. Civil liability for theft of motor fuel -- Penalties -- Notice of nonpayment (1) The owner of a vehicle that receives motor fuel from a retail facility without making proper payment is liable to the retailer for the price of the motor fuel received, in addition to a service charge of thirty dollars ($30). This service charge may be imposed when notice is mailed under subsection (3) of this section, if the notice of the service charge was conspicuously displayed on the premises from which the motor fuel was received. The notice shall include a statement that civil penalties will be imposed if payment is not received within thirty (30) days. Only one (1) service charge may be imposed under this section for each incident. (2) If the price of the motor fuel received and the service charge are not paid within thirty (30) days after the retailer has mailed the notice under subsection (3) of this section, the owner is liable to the retailer for: (a) The price of the motor fuel received; (b) The service charge as provided in subsection (1) of this section; and (c) A civil penalty in the amount of the greater of: 1. The price of the motor fuel received; or 2. One hundred dollars ($100). (3) Notice of nonpayment that includes a copy of KRS 411.400 to 411.406 and a description of its penalties shall be sent by the retailer to the owner by certified mail, to the address indicated by records obtained under KRS 411.406. The notice shall include a signed statement by the retailer or the employee of the retailer who reported the act, surveillance video photographs or other photographic evidence, the date and time of the occurrence, and the license plate number of the vehicle. (4) If within the thirty (30) day period referred to in subsection (2) of this section the owner sends written notice to the retailer disputing the retailer's claim that the owner received motor fuel from the retailer without making proper payment, the retailer may collect the price of the motor fuel in accordance with KRS 411.404. Upon receipt of this notice from the owner, the retailer shall cease all collection efforts. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 110, sec. 2, effective July 15, 2008.

KRS 411.404 Liability under KRS 411.402 not a bar to other liability

411.404. Liability under KRS 411.402 not a bar to other liability Civil liability under KRS 411.402 does not preclude civil liability under KRS 411.095, criminal liability under KRS 514.030, or liability under any other applicable law. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 110, sec. 3, effective July 15, 2008.

KRS 411.406 Administrative regulations to implement vehicle owner identification system

411.406. Administrative regulations to implement vehicle owner identification system (1) The Transportation Cabinet shall promulgate administrative regulations to implement a system by which a retailer or association of retailers may obtain the name and mailing address of any owner who has been identified as committing an offense under KRS 411.402. The cabinet may enter into an agreement with a retailer or association of retailers to establish a set fee or other negotiated terms for the release of owner records. (2) Any information released by the cabinet under this section shall be consistent with its authority under KRS 187.310 and shall be in compliance with 18 U.S.C. secs. 2721 et seq. The cabinet may integrate any system established under KRS 411.400 to 411.406 with its existing programs for the release of information pursuant to KRS Chapter 187. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 110, sec. 4, effective July 15, 2008.

KRS 411.450 Definitions for KRS 411.460 and 411.470

411.450. Definitions for KRS 411.460 and 411.470 As used in KRS 411.460 and 411.470 unless the context indicates otherwise: (1) "Discharge or disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous materials into or on any land or water so that such materials or any constituent thereof may enter the environment or be discharged into any waters, including ground waters. (2) "Hazardous material" means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported and which has been designated as a hazardous material under the Federal Hazardous Materials Transportation Law (49 U.S.C. sec. 5101 et seq.) or by any state law or regulation. (3) "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the Commonwealth, or any interstate body. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 165, sec. 11, effective June 20, 2005. -- Created 1984 Ky. Acts ch. 337, sec. 1, effective April 9, 1984.

KRS 411.460 Person who assists or advises in effort to mitigate effects of hazardous waste disposal or discharge immune from civil or criminal liability

411.460. Person who assists or advises in effort to mitigate effects of hazardous waste disposal or discharge immune from civil or criminal liability No person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge or disposal of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such discharge, shall be subject to any civil or criminal liabilities or penalties. This immunity shall not apply to any person whose act or omission caused in whole or in part the actual or threatened discharge or disposal and who would otherwise be liable for the discharge or disposal. Also this immunity shall not apply to any person who provides assistance or advice for remuneration or with the expectation of remuneration, except that actual expenses directly incurred due to giving the assistance or advice may be recovered without losing the immunity. Effective: April 9, 1984 History: Created 1984 Ky. Acts ch. 337, sec. 2, effective April 9, 1984.

KRS 411.470 Immunity does not extend to gross negligence or reckless, wanton or intentional misconduct

411.470. Immunity does not extend to gross negligence or reckless, wanton or intentional misconduct Nothing in KRS 411.460 shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or reckless, wanton, or intentional misconduct. Effective: April 9, 1984 History: Created 1984 Ky. Acts ch. 337, sec. 3, effective April 9, 1984.

KRS 411.490 Definitions for KRS 411.490 and 411.493

411.490. Definitions for KRS 411.490 and 411.493 As used in this section and KRS 411.493, unless the context otherwise requires: (1) "Damages" means damages of any kind for which liability may exist under the laws of the Commonwealth resulting from, arising out of, or related to the discharge or threatened discharge of oil. (2) "Discharge" means any emission, other than natural seepage, whether the emission is intentional or unintentional, which includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (3) "Federal on-scene coordinator" means the federal official designated by the lead federal agency or predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct responses under the National Contingency Plan. (4) "National contingency plan" means the national contingency plan prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. sec. 1321(d)), as amended by the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990) or revised under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. sec. 9605). (5) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraph (A) through (F) of Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. sec. 9601). (6) "Removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, actions to minimize or mitigate damage to fish, shellfish, wildlife, and public or private property, shorelines, and beaches. (7) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred, or, when there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate the threat. (8) "Responsible party" means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990). Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 173, sec. 1, effective July 15, 1996.

KRS 411.493 Nonliability for removal costs or damages from actions under national contingency plan for oil spills

411.493. Nonliability for removal costs or damages from actions under national contingency plan for oil spills (1) Notwithstanding any other provision of law, except as provided in subsection (2) of this section, a person is not liable for removal costs or damages which result from actions taken, or not taken, in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the secretary of the Energy and Environment Cabinet, or his designee. (2) Subsection (1) of this section does not apply: (a) To a responsible party; (b) To any person who is grossly negligent or who engages in willful misconduct; or (c) With respect to personal injury or wrongful death. (3) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1) of this section. (4) Nothing in this section affects the liability of a responsible party for oil spill response under Kentucky law. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1924, effective July 15, 2010. -- Created 1996 Ky. Acts ch. 173, sec. 2, effective July 15, 1996.

KRS 411.500 Legislative intent

411.500. Legislative intent It is the intent of the General Assembly to restate and codify in KRS 411.500 to 411.570 the common law of nuisance as existing in the Commonwealth on May 24, 1991. As a codification, the common law shall be continued by KRS 411.500 to 411.570 which shall apply to all actions whether now pending or subsequently brought. Matters not specifically addressed in KRS 411.500 to 411.570 shall be governed by common law. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 1, effective May 24, 1991.

KRS 411.510 Definitions for KRS 411.500 to 411.570

411.510. Definitions for KRS 411.500 to 411.570 As used in KRS 411.500 to 411.570: (1) "Claimant" means a person who asserts a claim of private nuisance. (2) "Fair market value" means the price that a person who is willing but not compelled to buy would pay and a seller who is willing but not compelled to sell would accept for property. (3) "Fair rental value" means the price a lessee who is willing but not compelled to lease would pay and a lessor who is willing but not compelled to lease would accept. (4) "Ownership interest" means holding legal or equitable title to property in fee or in a life tenancy. (5) "Defendant" means a person against whom a claim of private nuisance is asserted. (6) "Possessory interest" means lawfully possessing property but does not include mere occupancy. (7) "Property" means real property. (8) "Value of use" means the value to a person of using property. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, Sec. 2, effective May 24, 1991.

KRS 411.520 Applicability of KRS 411.500 to 411.570 -- Character of private nuisance

411.520. Applicability of KRS 411.500 to 411.570 -- Character of private nuisance (1) Any and all proceedings in the nature of actions for private nuisance as heretofore arising at common law shall be governed by KRS 411.500 to 411.570. (2) A private nuisance shall be either a permanent nuisance or a temporary nuisance, but shall not be both. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 3, effective May 24, 1991.

KRS 411.530 Permanent nuisance

411.530. Permanent nuisance (1) A permanent nuisance shall be any private nuisance that: (a) Cannot be corrected or abated at reasonable expense to the owner; and (b) Is relatively enduring and not likely to be abated voluntarily or by court order. (2) A permanent nuisance shall exist if and only if a defendant's use of property causes unreasonable and substantial annoyance to the occupants of the claimant's property or unreasonably interferes with the use and enjoyment of such property, and thereby causes the fair market value of the claimant's property to be materially reduced. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 4, effective May 24, 1991.

KRS 411.540 Temporary nuisance

411.540. Temporary nuisance (1) Any private nuisance that is not a permanent nuisance shall be a temporary nuisance. (2) A temporary nuisance shall exist if and only if a defendant's use of property causes unreasonable and substantial annoyance to the occupants of the claimant's property or unreasonably interferes with the use and enjoyment of such property, and thereby causes the value of use or the rental value of the claimant's property to be reduced. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 5, effective May 24, 1991.

KRS 411.550 Determination of private nuisance

411.550. Determination of private nuisance (1) In determining whether a defendant's use of property constitutes a private nuisance, the judge or jury, whichever is the trier of fact, shall consider all relevant facts and circumstances including the following: (a) The lawful nature of the defendant's use of the property; (b) The manner in which the defendant has used the property; (c) The importance of the defendant's use of the property to the community; (d) The influence of the defendant's use of property to the growth and prosperity of the community; (e) The kind, volume, and duration of the annoyance or interference with the use and enjoyment of claimant's property caused by the defendant's use of property; (f) The respective situations of the defendant and claimant; and (g) The character of the area in which the defendant's property is located, including, but not limited to, all applicable statutes, laws, or regulations. (2) A defendant's use of property shall be considered as a substantial annoyance or interference with the use and enjoyment of a claimant's property if it would substantially annoy or interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 6, effective May 24, 1991.

KRS 411.560 Damages for private nuisance

411.560. Damages for private nuisance (1) Damages allowable for a private nuisance shall be as follows: (a) If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the claimant's property caused by the nuisance, but not to exceed the fair market value of the property; (b) If the nuisance is a temporary nuisance and: 1. The claimant occupied the property during the continuance of the nuisance, compensatory damages shall be measured by the diminution in the value of the use of the property which resulted from the nuisance; or 2. The claimant did not occupy the property during the continuance of the nuisance, compensatory damages shall be measured by the diminution in the fair rental value of the property which resulted from the nuisance. (2) A defendant who contributes to a nuisance is responsible for damages as provided in this section only to the extent of such defendant's proportionate contribution to the nuisance as provided in the provisions of KRS 411.182. (3) No damages shall be awarded for annoyance, discomfort, sickness, emotional distress, or similar claims for a private nuisance. In the event a claim for injury or damage to a person is asserted in the same proceeding as a claim for damage to the claimant's property caused by a private nuisance, liability for such personal injury or damage shall be determined on the basis of applicable principles of tort law independent of whether the defendant's use of property is found to constitute a nuisance. (4) A claimant may recover punitive damages for a private nuisance if the claimant recovers damages pursuant to this section and the defendant's conduct in engaging in the specific activity which is alleged to be the nuisance meets or exceeds the standards set forth in KRS 411.184. All provisions of KRS 411.184 and 411.186 shall apply to claims for punitive damages. (5) No person shall have standing to bring an action for private nuisance unless the person has an ownership interest or possessory interest in the property alleged to be affected by the nuisance. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 11, sec. 7, effective May 24, 1991.

KRS 411.570 Construction of KRS 411.500 to 411.570

411.570. Construction of KRS 411.500 to 411.570 KRS 411.500 to 411.570 shall not be construed as repealing any of the statutes or common law of the Commonwealth relating to nuisance, nor shall be construed to abridge any other rights or remedies available for personal or property damage, but shall be held and construed as ancillary and supplemental thereto. Effective: May 24, 1991 History: Created 1991 (1st Extra. Sess.)Ky. Acts ch. 11, sec. 8, effective May 24, 1991.

KRS 411.600 Definitions

411.600. Definitions For purposes of KRS 411.600 to 411.640: (1) "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person; (2) "Food establishment" means: (a) Any entity required to hold a permit pursuant to KRS 217.125; or (b) Any other manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of food as defined in KRS 217.015(18) or 21 U.S.C. sec. 321(f); (3) "Generally known condition allegedly caused by or allegedly likely to result from long-term consumption" means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption; and (4) "Knowing and willful violation" means that the conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that the conduct was injurious to consumers, and the conduct constituting the violation was not required by regulations, orders, rules, or other pronouncements of, or any statutes administered by, a federal, state, or local government agency. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 23, sec. 1, effective June 20, 2005. Legislative Research Commission Note (6/20/2005): 2005 Ky. Acts ch. 23 , sec. 6, provides that KRS 411.600 to 411.640 shall be known and may be cited as the "Commonsense Consumption Act."

KRS 411.610 Immunity from liability for condition arising due to long-term consumption of food -- Exceptions

411.610. Immunity from liability for condition arising due to long-term consumption of food -- Exceptions A food establishment, or an association of one (1) or more food establishments, shall not be subject to civil liability for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food, except where the claim: (1) Includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by federal or state statute or regulation, and the claimed injury was proximately caused by the violation. Nothing in this subsection shall be construed to create new or expand existing private rights, if any, under adulteration or misbranding statutes or regulations, nor shall this subsection be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of those statutes or regulations; or (2) Is based on any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the violation was a knowing and willful violation, and the claimed injury was proximately caused by the violation. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 23, sec. 2, effective June 20, 2005.

KRS 411.620 Required contents of complaint -- Substantive status of pleadings

411.620. Required contents of complaint -- Substantive status of pleadings (1) In any action exempted under KRS 411.610(1), the complaint initiating the action shall state with particularity: (a) The federal or state statute, regulation, or other law that was allegedly violated; (b) The facts that allegedly constitute a material violation of the statute, regulation, or other law; and (c) The facts that allegedly demonstrate that the violation proximately caused actual injury to the plaintiff. (2) In any action exempted under KRS 411.610(2), in addition to the pleading requirements of subsection (1) of this section, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was a knowing and willful violation. (3) For the purposes of applying KRS 411.600 to 411.640, the pleading requirements in this section are deemed part of the substantive law of this Commonwealth and not merely in the nature of procedural provisions. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 23, sec. 3, effective June 20, 2005.

KRS 411.630 Stay of discovery and other proceedings during pendency of motion to dismiss -- Exceptions -- Treatment of documents and other tangible objects during pendency of stay of discovery

411.630. Stay of discovery and other proceedings during pendency of motion to dismiss -- Exceptions -- Treatment of documents and other tangible objects during pendency of stay of discovery In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data, compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of that party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the Kentucky Rules of Civil Procedure. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 23, sec. 4, effective June 20, 2005.

KRS 411.640 Affected claims

411.640. Affected claims The provisions of KRS 411.600 to 411.640 shall apply to all covered claims pending on June 20, 2005, and all claims filed thereafter, regardless of when the claim arose. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 23, sec. 5, effective June 20, 2005.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39251Fetched: 10/20/2026