KENTUCKY

Negligence / Personal Injury
1 Year (1) The following actions shall be commenced within one (1) year after the cause of action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; Ky. Rev. Stat. Ann. § 413.140
Toxic Tort
10 Years An action for relief, not provided for by statute, can only be commenced within ten (10) years after the cause of action accrued. Ky. Rev. Stat. Ann. § 413.160
Statute Of Repose

Construction: 7 Years from substantial completion of improvement to real property. K.R.S. § 413.135 .

Products: 5 Years from sale date or 8 Years from manufacture date (Rebuttable Presumption). K.R.S. § 411.310

Wrongful Death
1 Year

(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative.
(2) If a person dies before the time at which the right to bring any action mentioned in KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and there is an interval of more than one (1) year between his death and the qualification of his personal representative, that representative, for purposes of this chapter, shall be deemed to have qualified on the last day of the one-year period. Ky. Rev. Stat. Ann. § 413.180

Medical Malpractice
1 Year Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render, professional services for others shall be brought within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured. Time shall not commence against a party under legal disability until removal of the disability. Ky. Rev. Stat. Ann. § 413.245
Products Liability
1 Year

(1) The following actions shall be commenced within one (1) year after the cause of action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; Ky. Rev. Stat. Ann. § 413.140

Discovery:

When an injury does not manifest itself immediately the cause of action should accrue when the plaintiff knew or should have known that he had been injured by the conduct of the tortfeasor.

Statute of Repose - (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. Ky. Rev. Stat. Ann. § 411.310

Intentional Torts
1 Year with Discovery Rule but 5 year maximum from occurrence
Fraud
5 Years The following actions shall be commenced within five (5) years after the cause of action accrued:
(12) An action for relief or damages on the ground of fraud or mistake. Ky. Rev. Stat. Ann. § 413.120
Municipal Liability/Sovereign Immunity
year SOL. Partially waived. Notice must be given to Board of Claims within 1 year of injury. Damages permitted up to $200,000 per individual and $350,000 per claim.
Discovery Rule
SOL runs from when injury is, or should have been discovered. See specific rule for medical malpractice.
Comparative Negligence
Pure comparative negligence adopted
Charitable Immunity
Abolished.
Disabilities
SOL runs from removal of disability. Infants (from 18th birthday or from marriage under 18 with parents consent).
Punitive Damages
Clear and convincing evidence must be presented to indicate that defendant acted with malice, oppression, or fraud. Amounts in various circumstances governed by numerous specific statues. Caps: None
No-Fault Insurance
Applies
Other Relevant Information
1 year for injury or death not covered by longer limitation period.
Consumer Fraud Complaint

Kentucky Office of the Attorney General, Consumer Protection
http://ag.ky.gov/civil/consumerprotection

Consumer Line: (888) 432-9257

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