Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

KENTUCKY

Negligence / Personal Injury

1 Year 1 Year with Discovery Rule

Products Liability

1 Year 1 Year with Discovery Rule.  Rebuttable presumption lies that product was not defective if injury, death, or property damage occurs more than 8 years after date of manufacture.

Wrongful Death

1 year from appointment of personal representative.  If none appointed within 1 year from death, then 2 years from date of death.  2 years for motor vehicle accident.

Medical Malpractice

1 Year 1 Year with Discovery Rule but 5 year maximum from occurrence

Intentional Torts

1 Year 1 year with Discovery Rule but 5 year maximum from occurrence

Other Statutes of Limitations

1 year for injury or death not covered by longer limitation period

Fraud

10 Years 10 Years.  Action for relief or damages on ground of fraud or mistake is barred after 10 years after making contract or perpetration of fraud, regardless of time and discovery.

Discovery Rule

SOL runs from when injury is, or should have been discovered. See specific rule for medical malpractice.

Disabilities

SOL runs from removal of disability. Infants (from 18th birthday or from marriage under 18 with parents consent).

Comparative Negligence

Pure comparative negligence adopted.

Charitable Immunity

Abolished.

Sovereign Immunity

Partially waived. Notice must be given to Board of Claims within 2 years of injury.  Damages permitted up to $200,000 per individual and $350,000 per claim.

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

Consumer Fraud Complaint

Kentucky Office of the Attorney General, Consumer Protection
(502)696-5389