Title XXXVI, Statutory Actions and Limitations
4 chapters · 170 sections in this title.
KRS § 411.010 Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages
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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…
KRS § 411.020 Battery with certain weapons -- Punitive damages
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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.
KRS § 411.025 Action against terrorist for injury to person or property -- Damages
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(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 governmen…
KRS § 411.030 Action for seduction -- Proof
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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.
KRS § 411.040 Accusation of incest, fornication or adultery -- Proof of damage
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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.
KRS § 411.045 Defenses allowed in action for libel or slander
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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.
KRS § 411.051 Libel actions against newspaper, magazine, or periodical -- Demand for and publication of correction -- Effect
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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 corr…
KRS § 411.060 Action for libel -- Privileged communications
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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 a…
KRS § 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions
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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 unle…
KRS § 411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station
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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 oper…
KRS § 411.065 Action for disseminating personally identifying information -- Exemption of service providers
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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 le…
KRS § 411.067 Action against operator of unmanned aircraft system
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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; …
KRS § 411.070 Liability for falsely stating financial condition
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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…
KRS § 411.080 Wrongful distress or attachment -- Reparation
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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 th…
KRS § 411.090 Liability of person gaming on premises without permission of owner
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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,…
KRS § 411.095 Liability for stealing or damaging goods of retailer or wholesaler
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(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 viol…
KRS § 411.100 Liability of city for property damaged by mob
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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,…
KRS § 411.110 Action against city for injury from defect in thoroughfare -- Service of notice
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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 o…
KRS § 411.115 Notice of action against governmental unit for damages from use of airport required -- Contents
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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 wi…
KRS § 411.120 Action to quiet title; court order if title proved
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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 lan…
KRS § 411.130 Action for wrongful death -- Personal representative to prosecute -- Distribution of amount recovered
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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…
KRS § 411.133 Joinder of wrongful death and personal injury actions
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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 de…
KRS § 411.135 Damages in action for wrongful death of minor
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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 reco…
KRS § 411.137 Limitation on right to recover for wrongful death of child if parent has abandoned care and maintenance
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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, un…
KRS § 411.140 What action shall survive
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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 th…
KRS § 411.145 Damages for loss of consortium
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(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 consortiu…
KRS § 411.148 Nonliability of licensees and certified technicians for emergency care
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(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 Ame…
KRS § 411.150 Action by surviving spouse or child of person killed with deadly weapon
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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 promoti…
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
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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 Attorne…
KRS § 411.155 Liability for damages resulting from criminal use of a firearm by another person
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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 willfull…
KRS § 411.165 Liability of attorney for professional negligence
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(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 a…
KRS § 411.167 Certificate of merit for medical malpractice actions
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(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 m…
KRS § 411.170 Action on lost, destroyed, mutilated or defaced writing
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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 plaintif…
KRS § 411.180 Actions against joint obligors -- Death of joint obligors -- Effect of judgment against some
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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 …
KRS § 411.182 Allocation of fault in tort actions -- Award of damages -- Effect of release
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(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, sh…
KRS § 411.184 Definitions -- Punitive damages -- Proof of punitive damages
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(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…
KRS § 411.186 Assessment of punitive damages
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(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 damag…
KRS § 411.187 Supersedeas bond to stay execution of judgment granting any relief during appeal -- Limit -- Rescission of limit if assets diverted or dissipated
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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 a…
KRS § 411.188 Notification of parties holding subrogation rights -- Collateral source payments and subrogation rights admissible
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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 …
KRS § 411.190 Obligations of owner to persons using land for recreation
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(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, reversio…
KRS § 411.195 Enforceability of written agreement to pay attorney fees in event of default
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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,…
KRS § 411.200 Immunity from civil liability of officer, director or trustee of nonprofit organization
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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 service…
KRS § 411.210 Action for theft of identity or trafficking in stolen identities -- Statute of limitations
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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 viol…
KRS § 411.212 Action for damages caused by falsely reporting an incident -- Liability
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(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 fo…
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
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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 perso…
KRS § 411.218 Liability for damages resulting from sexual extortion
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(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; …
KRS § 411.220 Action by crime victim against stalker -- Damages -- Statute of limitations
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(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…
KRS § 411.225 Employer immunity from civil liability for disclosure of employee information -- Exceptions -- Effect of provision
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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 emp…
KRS § 411.230 Action for damages caused by tampering with operations of key infrastructure asset
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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…
KRS § 411.240 Definitions for KRS 411.240 to 411.243
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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, dat…