|
|
| KENTUCKY |
|
Negligence / Personal Injury
1 Year1 Year with Discovery Rule
Products Liability
1 Year1 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 Year1 Year with Discovery Rule but 5 year maximum from occurrence
Intentional Torts
1 Year1 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 |
| Glossary of Terms |
|
| Quick Search |
|
|
| Proud member of |
|
|
|
|
