Ky. Rev. Stat. » Chapter 411
Kentucky Revised Statutes

Ky. Rev. Stat. § 411.140 (2026)

What action shall survive

✓ current as of May 2026
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No right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured, except actions for slander, libel, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury. For any other injury an action may be brought or revived by the personal representative, or against the personal representative, heir or devisee, in the same manner as causes of action founded on contract. Effective: June 19, 1952 History: Amended 1952 Ky. Acts ch. 147, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 10.

Notes of Decisions
Cited in 45 cases (15 in the last 5 years), 1944–2026 · leading case: Associated Ins. Serv., Inc. v. Garcia, 307 S.W.3d 58 (Ky. 2010).
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Associated Ins. Serv., Inc. v. Garcia, 307 S.W.3d 58 (Ky. 2010). · cites it 10× “We continue to adhere to that principle today: "The proper interpretation of [KRS 411.140] is decisive of the question as to whether or not this cause of action is assignable.”
Roberts v. Girder, 237 F. Supp. 3d 548 (E.D. Ky. 2017). · cites it 7× “140 provides: No right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured, except actions for slander, libel, criminal conversation, and so much of the action for malicious prosecution as is intended to…”
Overstreet v. Kindred Nursing Centers Ltd. P'ship, 479 S.W.3d 69 (Ky. 2015). · cites it 6× “First, KRS 411.140 allows for the survival of actions to recover damages for “personal injury” and “injury to real or personal property.”
Ping v. Beverly Enter., Inc., 376 S.W.3d 581 (Ky. 2012). · cites it 2× “The one exception concerns the distinction to be drawn between the survival claims under KRS 411.140, which the Estate, as Mrs. Duncan’s successor, brings on its own behalf, and the wrongful death claim, under KRS 411.”
Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). · cites it 6× “KRS 411.140. It survives and may be pursued by a personal representative.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003). · cites it 4× “KRS 411.140; KRS 413.180. Mr. Hatfield also died prior to the filing of the appeal in this case.”
Lisa Price v. Montgomery Cnty., 72 F.4th 711 (6th Cir. 2023). · cites it 2× “They maintained that Kentucky’s survivorship statute, Ky. Rev. Stat. § 411.140, precludes malicious prosecution and related claims following Miller’s death.”
Turner v. Sullivan Univ. Sys., Inc., 420 F. Supp. 2d 773 (W.D. Ky. 2006). · cites it 7× “Under Ky.Rev.Stat. Ann. § 411.140, [n]o right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured, except actions for slander, libel, criminal conversation, and so much of the action for malicious…”
Extendicare Homes, Inc. v. Whisman, 478 S.W.3d 306 (Ky. 2015). · cites it 2× “KRS 411.140 provides: “No right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured, except actions for slander, libel, criminal conversation, and so much of the action for malicious prosecution *315 as…”
Pete v. Anderson, 413 S.W.3d 291 (Ky. 2013). · cites it 2× “Our opinion, which resolved the question of whether a decedent can bind his or her beneficiaries to arbitrate a wrongful death claim, examined the distinction between the wrongful death statute and the survival statute, KRS 411.140. 8 376 S.W.3d at 598 . We concluded that while…”
Mineer v. Williams, 82 F. Supp. 2d 702 (E.D. Ky. 2000). · cites it 6× “Ky.Rev.Stat.Ann. § 411.140 (Michie 1992).”
Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004). “2000), the court rejected an argument similar to Arthur s: “Plaintiff argues that the need for a statute to preserve her privacy right of action is met by Ky. Rev. Stat. § 411.140, supra, which preserves all rights of action after the death of the claimant ‘except actions for…”
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