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

KENTUCKY

Negligence / Personal Injury

1 or 2 years with Discovery Rule.

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

year with Discovery Rule SOR: 5 years.

Malpractice (Other Professions)

year

Products Liability

1 year with Discovery Rule. Rebuttable presumption lies that product was not defective if injury, death, or property damage occurs more than 5 years after date of manufacture.

Intentional Torts

year with Discovery Rule. SOR: 5 years.

Fraud

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.

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. Officers, directors trustees and volunteers of charitable organizations received limited immunity if they are not compensated for their services, and if acting in good faith within the scope of official functions and duties.

Disabilities

SOL runs from removal of disability or death. Infants (from 18th birthday or from marriage under 18 with parents consent). Disability must have existed when cause of action first accrued. SOL does not run during absence or concealment of defendant.

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

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/cp/
(888)432-9257