Kentucky

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (KENTUCKY)

Personal Injury (vehicle not involved) - 1 yr. [KRS § 413.140] (discovery rule applies)

Wrongful Death(vehicle not involved) - 1 yr. (if person entitled to bring any action dies before the expiration of the applicable statute of limitation and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within 1 yr. after the qualification of the representative) [KRS §§ 413.140; 413.180]

Personal Injury (vehicle involved) - 2 yrs. after injury or the date of last PIP payment, whichever later occurs [KRS § 304.39-230]

Wrongful Death (vehicle involved) - 2 yrs. after death or the date of last PIP payment, whichever later occurs [KRS § 304.39-230]

Med Mal - 1 yr. from discovery, but no later than 5 yrs. from act/omission [KRS § 413.140]

Real Property - 5 yrs. [KRS § 413.120]

Personal Property - 2 yrs. (whether tort or contract) [KRS § 413.125]

Written Contracts - 15 yrs. if executed on or before 7/15/14 [KRS § 413.090]; 10 yrs. if executed after 7/15/14 [KRS § 413.160]

Oral Contracts - 5 yrs. [KRS § 413.120]

Contracts for Sale and Breach of Warranty - 4 yrs. (from tender of delivery) [KRS § 355.2-725]

Actions for Professional Service Malpractice (except Med Mal) - 1 yr. (from discovery) [KRS § 413-245]

Under the “discovery rule,” it is the date of the actual or constructive knowledge of the injury which triggers the running of the statute of limitations [Wiseman v. Alliant Hospitals, Inc. 37 S.W.3d 709 (Ky. App. 2000)]

Statutes of Repose (KENTUCKY)

Products - It is presumed (until rebutted by preponderance of evidence) that the product was not defective if the injury/damage occurred more than 5 yrs. after sale or more than 8 yrs. after the date of manufacture [KRS § 411.310]

Construction of Real Property - 7 yrs. (but if injury occurred during 7th year, may sue within 1 yr. from date of injury) [KRS § 413.135].  Note: it is unclear whether this statue of repose is (or will be found) unconstitutional. A nearly identical statute of repose was declared unconstitutional. 

 

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (KENTUCKY)

Against State - Claim must be filed within 1 yr.  A personal injury claim is deemed to accrue at the time the injury is first discovered; no action for personal injury can be commenced later than 2 yrs. from act/omission (3 yrs. for Med Mal) [KRS § 44.110]

Against City for Injury Involving Defect in Bridge, Street, Sidewalk - Notice within 90 days [KRS § 411.110]

Comparative Negligence (KENTUCKY)

Pure comparative (Plaintiff can recover even if 99% at fault) [KRS 411.182]

Made Whole Doctrine (MWD) (KENTUCKY)

Recognized/applied.  Under general principles of equity, Insured must be fully compensated for injuries or losses sustained (made whole) before Insurer's subrogation rights arise, in absence of statutory law or valid contractual obligations to the contrary.  MWD can be modified by a contract, “provided violence is not done to established equitable principles [Wine v. Globe American Cas. Co., 917 S.W.2d 558 (Ky. 1996)].

 

Also, certain statutory rules apply to PIP subrogation.

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (KENTUCKY)

Recognized/applied.  ELD prevents the commercial purchaser of a product from suing in tort to recover for economic losses arising from the malfunction of the product itself [Giddings & Lewis, Inc. v. Industrial Risk Insurers, 348 S.W.3d 729 (Ky. 2011)].  There is no calamitous event exception to ELD [Giddings & Lewis, Inc. v. Industrial Risk Insurers, 348 S.W.3d 729 (Ky. 2011)]. 

 

An exception from ELD may exist where there is kind of harm against which public policy requires manufacturers to protect, independent of any contractual obligation [Williams v. Volvo-White, 2003 WL 22681457 (Ky. App. 2003) - unpublished decision]

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (KENTUCKY)

No requirements.

Landlord/Tenant Subrogation (KENTUCKY)

Subrogation allowed [Britton v. Wooten, 817 S.W.2d 443 (Ky. 1991)].  Courts will examine the terms of the lease.  

Reimbursement of Deductible(s) (KENTUCKY)

Auto - Pro rata (must include in subro demand).  Property - No law available.

MedPay and PIP (KENTUCKY)

MedPay and PIP - Subrogation allowed.  Usually, direct subro action against an uninsured Tortfeasor or arbitration against the adverse insurer.

Liability of Parents (KENTUCKY)

$2,500 for willful marking upon, defacing or damaging of property ($10,000 cumulative limit amount) [KRS § 405.025].  Any negligence of a minor driver is imputed to the person who signed the license application [KRS § 186.590].  Vehicle owner who causes or knowingly permits a minor to drive the vehicle is jointly and severally liable with the minor for damage caused [KRS § 186.590].

Joint Liability (KENTUCKY)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability) [KRS § 411.182]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (KENTUCKY)

The KY Supreme Court has refused to recognize a new cause of action for spoliation of evidence [Monsanto Co. v. Reed, 950 S.W.2d 811 (Ky. 1997)]

Conflicts of Law (KENTUCKY)

Torts - While Kentucky “purports” to follow the most significant contacts rule, it strongly favors the application of its own law whenever there is any significant contact with Kentucky [Grant v. Bill Walker Pontiac-GMC Inc., 523 F.2d 1301 (6th Cir. 1975)].  Contracts - Kentucky will apply the law of the state with the greatest interest in the outcome of the litigation [Breeding v. Massachusetts Indemnity and Life Insurance Co., 633 S.W.2d 717 (Ky. 1982)].

Kentucky