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

Ky. Rev. Stat. § 411.184 (2026)

Definitions -- Punitive damages -- Proof of punitive damages

✓ current as of May 2026
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(1) As used in this section and KRS 411.186, unless the context requires otherwise: (a) "Oppression" means conduct which is specifically intended by the defendant to subject the plaintiff to cruel and unjust hardship. (b) "Fraud" means an intentional misrepresentation, deceit, or concealment of material fact known to the defendant and made with the intention of causing injury to the plaintiff. (c) "Malice" means either conduct which is specifically intended by the defendant to cause tangible or intangible injury to the plaintiff or conduct that is carried out by the defendant both with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm. (d) "Plaintiff" means any party claiming punitive damages. (e) "Defendant" means any party against whom punitive damages are sought. (f) "Punitive damages" includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish and to discourage him and others from similar conduct in the future. (2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice. (3) In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or ratified or should have anticipated the conduct in question. (4) In no case shall punitive damages be awarded for breach of contract. (5) This statute is applicable to all cases in which punitive damages are sought and supersedes any and all existing statutory or judicial law insofar as such law is inconsistent with the provisions of this statute. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 2, effective July 15, 1988.

Notes of Decisions
Cited in 175 cases (58 in the last 5 years), 1991–2026 · leading case: Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001).
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Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). · cites it 58× “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). · cites it 52× “20) to consider whether KRS 411.184 violates one or more provisions of the Constitution of Kentucky, thereby rendering the statute invalid and unenforceable.”
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003). · cites it 48× “The trial court then granted the estate's motion to dismiss Appellant's punitive damage *914 claim and ruled that KRS 411.184 does not authorize a punitive damage award against a party—such as the decedent driver's estate—that did not act toward Appellants with oppression,…”
Osborne v. Keeney, 399 S.W.3d 1 (Ky. 2012). · cites it 25× “Aside from the failure to conform to the purpose of punitive damages, the plain language of KRS 411.184 prohibits the recovery of lost punitive damages by a legal-malpractice plaintiff.”
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). · cites it 26× “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003). · cites it 12× “LWC also argues that the correct standard for awarding punitive damages is found in KRS 411.184, which provides that the plaintiff must show that a defendant acted both "with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct…”
Univ. Med. Ctr., Inc. v. Beglin, 375 S.W.3d 783 (Ky. 2011). · cites it 13× “KRS 411.184 was held unconstitutional in part in Williams v.”
Bowling Green Mun. Utils. v. Atmos Energy Corp., 989 S.W.2d 577 (Ky. 1999). · cites it 18× “DID THE COURT OF APPEALS ERR IN RULING THAT THERE WAS NOT SUFFICIENT EVIDENCE, AS A MATTER OF LAW, TO JUSTIFY THE AWARD OF PUNITIVE DAMAGES? The Court of Appeals, after examining the evidence relative to the propriety of allowing punitive damages, declared that under the…”
Desai v. Charter Commc'ns, LLC, 381 F. Supp. 3d 774 (W.D. Ky. 2019). · cites it 11× “Ky. Rev. Stat. § 411.184 Kentucky's punitive-damages statute provides that "[a] plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or…”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). · cites it 4× “At the time this case was tried, the controlling legal standard for punitive damages in Kentucky was found in KRS 411.184(1)(c) and required a determination that the defendant acted with "flagrant indifference to the rights of the plaintiff and with a subjective awareness that…”
Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001). · cites it 4× “KRS 411.184(3) provides: In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or ratified or should have anticipated the conduct in question.”
Sheila White, Plaintiff-Appellee/cross-Appellant v. Burlington N. & Santa Fe Ry. Co., Defendant-Appellant/cross-Appellee, 364 F.3d 789 (6th Cir. 2004). · cites it 2× “Kentucky Ky. Rev. Stat. Ann. § 411.184 (2) (1991) (clear and convincing evidence).”
Show all 175 citing cases →
— Ky. Rev. Stat. § 411.184(1) — 9 cases
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003). “The trial court then granted the estate's motion to dismiss Appellant's punitive damage *914 claim and ruled that KRS 411.184 does not authorize a punitive damage award against a party—such as the decedent driver's estate—that did not act toward Appellants with oppression,…”
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Ne. Health Mgmt., Inc. v. Cotton, 56 S.W.3d 440 (Ky. Ct. App. 2001).
McLain v. Dana Corp., 16 S.W.3d 320 (Ky. Ct. App. 1999).
Simpson Cnty. Steeplechase Ass'n v. Roberts, 898 S.W.2d 523 (Ky. Ct. App. 1995).
— Ky. Rev. Stat. § 411.184(1)(C) — 1 case
Hagan v. Barnett (W.D. Ky. 2025).
— Ky. Rev. Stat. § 411.184(1)(a) — 4 cases
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Am. Gen. Life Ins. Co. v. Jude (E.D. Ky. 2021).
Paul Miller Ford, Inc. v. Barry T. Smith (Ky. Ct. App. 2024).
Hannah v. Mullins (S.D.W. Va 2021).
— Ky. Rev. Stat. § 411.184(1)(b) — 6 cases
Dailey v. Bd. of Review, West Virginia Bureau of Emp. Programs, 589 S.E.2d 797 (W. Va. 2003).
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998).
Merolla v. MoneyGram Int'l INC. (W.D. Ky. 2024).
Paul Miller Ford, Inc. v. Barry T. Smith (Ky. Ct. App. 2024).
Schulkers v. Kammer (E.D. Ky. 2022).
— Ky. Rev. Stat. § 411.184(1)(c) — 14 cases
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003). “LWC also argues that the correct standard for awarding punitive damages is found in KRS 411.184, which provides that the plaintiff must show that a defendant acted both "with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct…”
Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). “20) to consider whether KRS 411.184 violates one or more provisions of the Constitution of Kentucky, thereby rendering the statute invalid and unenforceable.”
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003). “The trial court then granted the estate's motion to dismiss Appellant's punitive damage *914 claim and ruled that KRS 411.184 does not authorize a punitive damage award against a party—such as the decedent driver's estate—that did not act toward Appellants with oppression,…”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “At the time this case was tried, the controlling legal standard for punitive damages in Kentucky was found in KRS 411.184(1)(c) and required a determination that the defendant acted with "flagrant indifference to the rights of the plaintiff and with a subjective awareness that…”
— Ky. Rev. Stat. § 411.184(1)(f) — 9 cases
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003). “The trial court then granted the estate's motion to dismiss Appellant's punitive damage *914 claim and ruled that KRS 411.184 does not authorize a punitive damage award against a party—such as the decedent driver's estate—that did not act toward Appellants with oppression,…”
Osborne v. Keeney, 399 S.W.3d 1 (Ky. 2012). “Aside from the failure to conform to the purpose of punitive damages, the plain language of KRS 411.184 prohibits the recovery of lost punitive damages by a legal-malpractice plaintiff.”
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Burgess v. Taylor, 44 S.W.3d 806 (Ky. Ct. App. 2001).
— Ky. Rev. Stat. § 411.184(2) — 76 cases
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003). “The trial court then granted the estate's motion to dismiss Appellant's punitive damage *914 claim and ruled that KRS 411.184 does not authorize a punitive damage award against a party—such as the decedent driver's estate—that did not act toward Appellants with oppression,…”
Osborne v. Keeney, 399 S.W.3d 1 (Ky. 2012). “Aside from the failure to conform to the purpose of punitive damages, the plain language of KRS 411.184 prohibits the recovery of lost punitive damages by a legal-malpractice plaintiff.”
Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). “20) to consider whether KRS 411.184 violates one or more provisions of the Constitution of Kentucky, thereby rendering the statute invalid and unenforceable.”
Gibson v. Fuel Transp., Inc., 410 S.W.3d 56 (Ky. 2013).
— Ky. Rev. Stat. § 411.184(3) — 24 cases
Univ. Med. Ctr., Inc. v. Beglin, 375 S.W.3d 783 (Ky. 2011). “KRS 411.184 was held unconstitutional in part in Williams v.”
Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001). “KRS 411.184(3) provides: In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or ratified or should have anticipated the conduct in question.”
Ne. Health Mgmt., Inc. v. Cotton, 56 S.W.3d 440 (Ky. Ct. App. 2001).
MV Transp., Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014).
Southard v. Belanger, 966 F. Supp. 2d 727 (W.D. Ky. 2013).
— Ky. Rev. Stat. § 411.184(4) — 23 cases
Aetna Cas. & Sur. Co. v. Commonwealth, 179 S.W.3d 830 (Ky. 2006).
Indiana Ins. Co. v. James Demetre, 527 S.W.3d 12 (Ky. 2017).
New London Tobacco Mkt. v. Ky. Fuel Corp., 44 F. 4th 393 (6th Cir. 2022).
Faulkner Drilling Co., Inc. v. Gross, 943 S.W.2d 634 (Ky. Ct. App. 1997).
Asher v. Unarco Material Handling, Inc., 862 F. Supp. 2d 551 (E.D. Ky. 2012).
— Ky. Rev. Stat. § 411.184(5) — 5 cases
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Desai v. Charter Commc'ns, LLC, 381 F. Supp. 3d 774 (W.D. Ky. 2019). “Ky. Rev. Stat. § 411.184 Kentucky's punitive-damages statute provides that "[a] plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or…”
Timmons v. Wal-Mart Stores, Inc., 33 F. Supp. 2d 577 (W.D. Ky. 1999).
Nekkanti v. V-Soft Consulting Grp., Inc. (W.D. Ky. 2021).
— Ky. Rev. Stat. § 411.184(c) — 1 case
Hollon v. Consum. Plumbing Recovery Ctr., 417 F. Supp. 2d 849 (E.D. Ky. 2006).
— Ky. Rev. Stat. § 411.184(f) — 2 cases
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “At the time this case was tried, the controlling legal standard for punitive damages in Kentucky was found in KRS 411.184(1)(c) and required a determination that the defendant acted with "flagrant indifference to the rights of the plaintiff and with a subjective awareness that…”
— Ky. Rev. Stat. § 411.184(l)(a) — 4 cases
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009).
Gooch v. E.I. Dupont De Nemours & Co., 40 F. Supp. 2d 857 (W.D. Ky. 1998).
McAlpin v. Bailey, 376 S.W.3d 613 (Ky. Ct. App. 2012).
— Ky. Rev. Stat. § 411.184(l)(b) — 6 cases
Dailey v. Bd. of Review, West Virginia Bureau of Emp. Programs, 589 S.E.2d 797 (W. Va. 2003).
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998).
Young v. Vista Homes, Inc., 243 S.W.3d 352 (Ky. Ct. App. 2007).
Whalen v. Stryker Corp., 783 F. Supp. 2d 977 (E.D. Ky. 2011).
Anderson v. Old Nat'l Bancorp, 675 F. Supp. 2d 701 (W.D. Ky. 2009).
— Ky. Rev. Stat. § 411.184(l)(c) — 12 cases
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003). “LWC also argues that the correct standard for awarding punitive damages is found in KRS 411.184, which provides that the plaintiff must show that a defendant acted both "with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct…”
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). “20) to consider whether KRS 411.184 violates one or more provisions of the Constitution of Kentucky, thereby rendering the statute invalid and unenforceable.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “At the time this case was tried, the controlling legal standard for punitive damages in Kentucky was found in KRS 411.184(1)(c) and required a determination that the defendant acted with "flagrant indifference to the rights of the plaintiff and with a subjective awareness that…”
Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001). “KRS 411.184(3) provides: In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or ratified or should have anticipated the conduct in question.”
— Ky. Rev. Stat. § 411.184(l)(f) — 5 cases
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “KRS 411.184 became effective July 15, 1988, before this Court's decision in Curry [38] adopting the three-part test for a bad faith claim from the dissent in Federal Kemper .”
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “The Court of Appeals further reasoned that KRS 411.184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Kentucky Cent. Ins. Co. v. Schneider, 15 S.W.3d 373 (Ky. 2000).
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009).
Patterson v. Tommy Blair, Inc., 265 S.W.3d 241 (Ky. Ct. App. 2007).
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