§ 411.010 Action for assault — Battery — Provocation as a defense or in mitigation of punitive damages
§ 411.020 Battery with certain weapons — Punitive damages
§ 411.025 Action against terrorist for injury to person or property — Damages
§ 411.030 Action for seduction — Proof
§ 411.040 Accusation of incest, fornication or adultery — Proof of damage
§ 411.045 Defenses allowed in action for libel or slander
§ 411.051 Libel actions against newspaper, magazine, or periodical — Demand for and publication of correction — Effect
§ 411.060 Action for libel — Privileged communications
§ 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement — Definitions
§ 411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station
§ 411.065 Action for disseminating personally identifying information — Exemption of service providers
§ 411.070 Liability for falsely stating financial condition
§ 411.080 Wrongful distress or attachment — Reparation
§ 411.090 Liability of person gaming on premises without permission of owner
§ 411.095 Liability for stealing or damaging goods of retailer or wholesaler
§ 411.100 Liability of city for property damaged by mob
§ 411.110 Action against city for injury from defect in thoroughfare — Service of notice
§ 411.115 Notice of action against governmental unit for damages from use of airport required — Contents
§ 411.120 Action to quiet title; court order if title proved
§ 411.130 Action for wrongful death — Personal representative to prosecute — Distribution of amount recovered
§ 411.133 Joinder of wrongful death and personal injury actions
§ 411.135 Damages in action for wrongful death of minor
§ 411.137 Limitation on right to recover for wrongful death of child if parent has abandoned care and maintenance
§ 411.140 What action shall survive
§ 411.145 Damages for loss of consortium
§ 411.148 Nonliability of licensees and certified technicians for emergency care
§ 411.150 Action by surviving spouse or child of person killed with deadly weapon
§ 411.155 Liability for damages resulting from criminal use of a firearm by another person
§ 411.165 Liability of attorney for professional negligence
§ 411.167 Certificate of merit for medical malpractice actions
§ 411.170 Action on lost, destroyed, mutilated or defaced writing
§ 411.180 Actions against joint obligors — Death of joint obligors — Effect of judgment against some
§ 411.182 Allocation of fault in tort actions — Award of damages — Effect of release
§ 411.184 Definitions — Punitive damages — Proof of punitive damages
§ 411.186 Assessment of punitive damages
§ 411.187 Supersedeas bond to stay execution of judgment granting any relief during appeal — Limit — Rescission of limit if assets diverted or dissipated
§ 411.188 Notification of parties holding subrogation rights — Collateral source payments and subrogation rights admissible
§ 411.190 Obligations of owner to persons using land for recreation
§ 411.195 Enforceability of written agreement to pay attorney fees in event of default
§ 411.200 Immunity from civil liability of officer, director or trustee of nonprofit organization
§ 411.210 Action for theft of identity or trafficking in stolen identities — Statute of limitations
§ 411.212 Action for damages caused by falsely reporting an incident — Liability
§ 411.215 Action for failure to remove sexually explicit image from Web site, online service or application, or mobile application upon request — Damages — Statute of limitations
§ 411.220 Action by crime stalking victim against stalker — Damages — Statute of limitations
§ 411.225 Employer immunity from civil liability for disclosure of employee information — Exceptions — Effect of provision
§ 411.230 Action for damages caused by tampering with operations of key infrastructure asset
§ 411.240 Definitions for KRS 411.240 to 411.243
§ 411.241 Immunity from liability for person, gleaner, or representative of nonprofit organization for donation of apparently wholesome food or apparently fit grocery product made in good faith to a nonprofit organization — Exception
§ 411.242 Immunity from liability for person or gleaner donating food or grocery products not meeting governmental consumer safety standards — Conditions
§ 411.243 Construction of KRS 411.240 to 411.243
§ 411.245 Immunity from liability for damaging a vehicle to remove a minor — Conditions — Limitations
§ 411.250 Legislative intent
§ 411.252 Definitions for KRS 411.250 to 411.266
§ 411.254 Applicability of KRS 411.250 to 411.266
§ 411.256 Circumstances under which construction professional is liable
§ 411.258 Written notice of claim to be served on construction professional in construction defect action — Offer to remedy or settle — Acceptance or rejection of offer — Commencement of action — Notice of claim tolls statute of limitations
§ 411.260 Notice of construction professional’s right to offer to cure defects before commencement of litigation — Action not barred if homeowner is not given notice
§ 411.262 Construction of KRS 411.250 to 411.266
§ 411.264 Effect of notice of claim on statute of limitations
§ 411.266 Short title for KRS 411.250 to 411.266
§ 411.270 Definitions for KRS 411.270 to 411.282
§ 411.272 Scope of KRS 411.270 to 411.282
§ 411.274 Circumstances under which home inspector liable
§ 411.276 Written notice of claim required — Offer to remedy or settle — Acceptance or rejection of offer — Tolling of statute of limitations
§ 411.278 Notice of home inspector’s right to cure before commencement of litigation — Action not barred if home inspector fails to give notice
§ 411.280 Construction of KRS 411.270 to 411.282
§ 411.282 Effect of notice of claim on statute of limitations
§ 411.300 Definitions
§ 411.310 Presumptions in product liability actions
§ 411.320 Circumstances under which defendant is liable
§ 411.340 When wholesaler, distributor or retailer to be held liable
§ 411.350 Short title
§ 411.400 Definitions for KRS 411.400 to 411.406
§ 411.402 Civil liability for theft of motor fuel — Penalties — Notice of nonpayment
§ 411.404 Liability under KRS 411.402 not a bar to other liability
§ 411.406 Administrative regulations to implement vehicle owner identification system
§ 411.450 Definitions for KRS 411.460 and 411.470
§ 411.460 Person who assists or advises in effort to mitigate effects of hazardous waste disposal or discharge immune from civil or criminal liability
§ 411.470 Immunity does not extend to gross negligence or reckless, wanton or intentional misconduct
§ 411.490 Definitions for KRS 411.490 and 411.493
§ 411.493 Nonliability for removal costs or damages from actions under national contingency plan for oil spills
§ 411.500 Legislative intent
§ 411.510 Definitions for KRS 411.500 to 411.570
§ 411.520 Applicability of KRS 411.500 to 411.570 — Character of private nuisance
§ 411.530 Permanent nuisance
§ 411.550 Determination of private nuisance
§ 411.560 Damages for private nuisance
§ 411.570 Construction of KRS 411.500 to 411.570
§ 411.600 Definitions
§ 411.610 Immunity from liability for condition arising due to long-term consumption of food — Exceptions
§ 411.620 Required contents of complaint — Substantive status of pleadings
§ 411.630 Stay of discovery and other proceedings during pendency of motion to dismiss — Exceptions — Treatment of documents and other tangible objects during pendency of stay of discovery
§ 411.640 Affected claims
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Terms Used In Kentucky Statutes > Chapter 411 - Rights of Action and Survival of Actions

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law of descent: The State statutes that specify how a deceased person
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Personal estate: includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
    (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010