Kentucky Revised Statutes

Ky. Rev. Stat. § 411.150 (2026)

Action by surviving spouse or child of person killed with deadly weapon

✓ current as of May 2026

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The surviving spouse and child, under the age of eighteen (18) or either of them, of a person killed by the careless, wanton or malicious use of a deadly weapon, not in self- defense, may have an action against the person who committed the killing and all others aiding or promoting, or any one (1) or more of them. In such actions the jury may give vindictive damages. History: Amended 1974 Ky. Acts ch. 386, sec. 97. -- Amended 1968 Ky. Acts ch. 100, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 4, effective October 1, 1942, from Ky. Stat. sec. 4.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1948–2023 · leading case: Holland v. Islamic Repub. of Iran, 496 F. Supp. 2d 1 (D.D.C. 2005).

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Holland v. Islamic Repub. of Iran, 496 F. Supp. 2d 1 (D.D.C. 2005). · cites it 2× “Ky.Rev.Stat. § 411.150. Section 411.150 could apply under the circumstances of this case, as Kentucky’s definition of a “deadly weapon” includes “[a] weapon of mass destruction,” thereby including the *28 explosive device that killed Robert Holland and 240 other United States…”

Giuliani v. Guiler, 951 S.W.2d 318 (Ky. 1997). · cites it 2× “In 1866, the General Assembly enacted a statute permitting the widow and children to recover for the death of their husband/parent caused by the careless or wanton or malicious use of a firearm, provided the perpetrator was not acting in self-defense.”

Shepherd v. Suburban Motor Freight, Inc., 780 S.W.2d 633 (Ky. Ct. App. 1989). · cites it 7× “This is an appeal from an order granting summary judgment in favor of the appel-lees in appellant’s action pursuant to KRS 411.150. That statute allows a child under the age of eighteen (18) to bring an action against a person who by “careless, wanton, or malicious use of a…”

Sturgeon v. Baker, 227 S.W.2d 202 (Ky. Ct. App. 1950). · cites it 5× “This is an action by the widow and minor child of Marshall Sturgeon to recover damages for his death under the terms of KRS 411.150. It is alleged that on February 29, 1948, the defendant, Phillip Baker, shot and killed Sturgeon “not in his self-defense nor the defense of either…”

Commonwealth v. Hallahan, 391 S.W.2d 378 (Ky. Ct. App. 1965). “080 (rights and duties of parent and child, in which the terms “minor child,” “dependent adult children,” and “adult person” are used), and KRS 411.150 (giving a right of action to the widow and “minor child” of a person killed by wrongful use of a deadly weapon).”

Araya Kessler v. Honorable Rodney Burress (Ky. 2023). · cites it 4× “’s case), pursuant to KRS 411.150, which allows the surviving child of a person killed with a deadly weapon to file a wrongful death action against the person who committed the killing and anyone who aided or 2 promoted the killing.”

Arthurs v. Johnson, 280 S.W.2d 504 (Ky. Ct. App. 1955). · cites it 2× “60, that: “If a person fortifies himself in his home with the avowed intention of defying arrest to the extent of shedding blood, notice-of purpose or demand.”

Flanary's Adm'x v. Griffin, 239 S.W.2d 248 (Ky. Ct. App. 1951). · cites it 2× “130, and they allowed punitive damages, which are authorized under KRS 411.130, whereas, under KRS 411.”

Coleman v. Hager, 208 S.W.2d 316 (Ky. Ct. App. 1948). “Pursuant to KRS 411.150, the widow and infant •children of the deceased, Hager, brought this action in the Pike Circuit Court seeking recovery of alleged damages in the sum of $25,000.”

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