Title XXXVI, Statutory Actions and Limitations

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 411.2…

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,…

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) Pre…

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 omis…

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 wri…

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…

(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 preclude…

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 in…

KRS 411.250 to 411.266 shall be known as the Notice and Opportunity to Repair Act.

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 damage…

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 th…

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 …

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 c…

-- 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…

(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 termin…

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 p…

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 a…

design professional comply with applicable design and engineering standards and contracting entity standards -- Liability. (1) Acceptance of a project by the contracting entity shall create a rebuttable presumption that the: (a) Design, plans, and specifications prepared by the d…

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 mai…

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 s…

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.

(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, preparatio…

(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 …

(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 alteratio…

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…

KRS 411.300 to 411.340 shall be known as the "Product Liability Act of Kentucky."

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" h…

(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 …

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.

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 ca…

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 …

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 disposin…

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.

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)…

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, o…

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 whe…

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…

(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.

(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 defen…

(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 int…

(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; (…

(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 val…

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 anci…

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 perm…

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 genera…

(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…