Ky. Rev. Stat. » Chapter 381
Kentucky Revised Statutes

Ky. Rev. Stat. § 381.232 (2026)

Liability for certain injuries

✓ current as of May 2026
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The owner of real estate shall not be liable to any trespasser for injuries sustained by the trespasser on the real estate of the owner, except for injuries which are intentionally inflicted by the owner or someone acting for the owner. History: Created 1976 Ky. Acts ch. 379, sec. 2.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1988–2024 · leading case: Kirschner v. Louisville Gas & Elec. Co., 743 S.W.2d 840 (Ky. 1988).
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Kirschner v. Louisville Gas & Elec. Co., 743 S.W.2d 840 (Ky. 1988). · cites it 13× “LG & E also relied upon KRS 381.232 as a bar to recovery. Kirschner asserts that KRS 381.”
Carney v. Galt, 517 S.W.3d 507 (Ky. Ct. App. 2017). · cites it 4× “However, the circuit court did not address what would appear to be most *512 relevant in this analysis—the relationship of Galt with his next door neighbor, Sherri Moore, and her guests, specifically as pertains to their ongoing relationship regarding access to Galt’s property,…”
Huddleston by & Through Lynch v. Hughes, 843 S.W.2d 901 (Ky. Ct. App. 1992). · cites it 4× “Huddleston, was a trespasser to the area in which his alleged injuries and/or damages occurred and therefore was owed no duty of reasonable care by the Defendant, pursuant to KRS 381.232[.] An allusion to Huddleston's trespasser status is also found in the Bishop's answer to an…”
North Hardin Developers, Inc. v. Corkran Ex Rel. Corkran, 839 S.W.2d 258 (Ky. 1992). · cites it 4× “231 and KRS 381.232. The trial court granted summary judgment to the land-owner, but the Court of Appeals reversed and designated its opinions [1] to be published.”
Miracle v. Wal-mart Stores East, Lp., 659 F. Supp. 2d 821 (E.D. Ky. 2009). · cites it 3× “” KRS 381.232. A “trespasser,” is defined as “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied, but does not include persons who come within the scope of the ‘attractive nuisance’…”
List v. S. Ry. Co., 752 S.W.2d 791 (Ky. Ct. App. 1988). “List was within 30 feet of the end of the trestle when he was struck and killed.”
Dixon v. CSX Transp., Inc., 947 F. Supp. 296 (E.D. Ky. 1996). “KRS 381.232 provides: “[t]he owner of real estate shall not be liable to any trespasser for injuries sustained by the trespasser on the real estate of the owner, except for injuries which are intentionally inflicted by the owner or someone acting for the owner.”
Raymond Hayes v. D.C.I. Props.-D. Ky, LLC (Ky. 2018). · cites it 4× “KRS 381.232 provides that “[t]he owner of real estate shall not be liable to any trespasser for injuries sustained by the trespasser on the real estate of the owner, except for injuries which are intentionally inflicted by the owner or someone acting for the owner.”
Joanna Smith v. City of Newport (Ky. Ct. App. 2024). · cites it 2× “” KRS 381.232; see also Giuliani v. Guiler, 951 S.”
Ann Wellman v. Robert Wayne Baldwin (Ky. Ct. App. 2022). “KRS 381.232. However, if Wellman is found to have been a licensee, then the trier of fact will be required to determine if Baldwin breached his duty of care to maintain his premises in a reasonably safe condition and to award Wellman damages, if any, under a comparative fault…”
Madden v. Jetta Operating Applachia, LLC (E.D. Ky. 2024). “§ 381.232. The Kentucky Supreme Court has found that “intentionally inflicted” means “inflicted by willful, wanton, or 3 The law of the forum state “provides the substantive law governing diversity cases.”
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