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

Ky. Rev. Stat. § 411.186 (2026)

Assessment of punitive damages

✓ current as of May 2026
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(1) In any civil action where claims for punitive damages are included, the jury or judge if jury trial has been waived, shall determine concurrently with all other issues presented, whether punitive damages may be assessed. (2) If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages. In determining the amount of punitive damages to be assessed, the trier of fact should consider the following factors: (a) The likelihood at the relevant time that serious harm would arise from the defendant's misconduct; (b) The degree of the defendant's awareness of that likelihood; (c) The profitability of the misconduct to the defendant; (d) The duration of the misconduct and any concealment of it by the defendant; and (e) Any actions by the defendant to remedy the misconduct once it became known to the defendant. (3) KRS 411.184 and this section are applicable to all cases in which punitive damages are sought. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 3, effective July 15, 1988.

Notes of Decisions
Cited in 53 cases (17 in the last 5 years), 1990–2026 · leading case: Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004).
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Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). · cites it 16× “184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
MV Transp., Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014). · cites it 5× “In MV’s view, a trial limited to the issue of punitive damages violates KRS 411.186(1) and Section 7 of the Kentucky Constitution.”
Chesley v. Abbott, 524 S.W.3d 471 (Ky. Ct. App. 2017). · cites it 5× “Unfortunately, the Supreme Court makes no direct reference to the unresolved punitive damages claim lingering in the circuit court, nor does the opinion even include the word “punitive” or reference the punitive damages statute, KRS 411.186. Taking advantage of these omissions,…”
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). · cites it 2× “184(f), which defines punitive damages, and KRS 411.186(2), which lists the appropriate factors to consider in determining the amount of punitive damages.”
United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999). · cites it 2× “This suit was tried in 1995 when KRS 411.186(2) (c) clearly permitted the jury to consider the profitability of the misconduct by UPS in assessing whether to award punitive damages.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). · cites it 2× “[25] The instructions given here were taken from Palmore's Kentucky Instructions to Juries [26] and included the language of KRS 411.186. Moreover, counsel for the Estate reminded the jury time and again that the purpose of punitive damages was to punish wrongdoing.”
Sand Hill Energy, Inc. v. Smith, 142 S.W.3d 153 (Ky. 2004). · cites it 2× “2d 885 (1993); and KRS 411.186. 6 Pacific Mutual Life Ins. Co.”
Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). · cites it 2× “184 and KRS 411.186 establish adequate standards to guide a properly instructed jury, e.”
Bierman v. Klapheke, 967 S.W.2d 16 (Ky. 1998). · cites it 2× “” The Court of Appeals ruled that the alleged ethical violations by the attorney in misrepresenting certain facts to the Bier-mans was not sufficient to justify an award of punitive damages pursuant to KRS 411.186 because the representation and untruths occurred after the…”
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998). · cites it 2× “This common law rule was not affected by the enactment of KRS 411.186, though subsection (2) (c) of that statute would permit evidence of the extent to which the defendant profited from the wrongful act, itself.”
Ne. Health Mgmt., Inc. v. Cotton, 56 S.W.3d 440 (Ky. Ct. App. 2001). · cites it 2× “KRS 411.186(2) sets forth the factors to be considered when determining the amount of punitive damages to be awarded: If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages.”
Pezzarossi v. Nutt, 392 S.W.3d 417 (Ky. Ct. App. 2012). · cites it 4× “The statute states, in pertinent part, as follows: (1) As used in this section and KRS 411.186, unless the context requires otherwise: (b) “Fraud” means an intentional misrepresentation, deceit, or concealment of material fact known to the defendant and made with the intention…”
Show all 53 citing cases →
— Ky. Rev. Stat. § 411.186(1) — 4 cases
MV Transp., Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014). “In MV’s view, a trial limited to the issue of punitive damages violates KRS 411.186(1) and Section 7 of the Kentucky Constitution.”
Chesley v. Abbott, 524 S.W.3d 471 (Ky. Ct. App. 2017). “Unfortunately, the Supreme Court makes no direct reference to the unresolved punitive damages claim lingering in the circuit court, nor does the opinion even include the word “punitive” or reference the punitive damages statute, KRS 411.186. Taking advantage of these omissions,…”
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Jones v. Kenton Cnty., Kentucky (E.D. Ky. 2024).
— Ky. Rev. Stat. § 411.186(2) — 12 cases
Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368 (Ky. 2001). “184(f), which defines punitive damages, and KRS 411.186(2), which lists the appropriate factors to consider in determining the amount of punitive damages.”
Kentucky Dep't of Corr. v. McCullough, 123 S.W.3d 130 (Ky. 2004). “184 and KRS 411.186 make punitive damages available in all actions except breach-of-contract actions.”
Ne. Health Mgmt., Inc. v. Cotton, 56 S.W.3d 440 (Ky. Ct. App. 2001). “KRS 411.186(2) sets forth the factors to be considered when determining the amount of punitive damages to be awarded: If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages.”
United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999). “This suit was tried in 1995 when KRS 411.186(2) (c) clearly permitted the jury to consider the profitability of the misconduct by UPS in assessing whether to award punitive damages.”
Bank of Am., N.A. v. Corporex Realty & Inv. Corp., 661 F. App'x 305 (6th Cir. 2016).
— Ky. Rev. Stat. § 411.186(2)(a) — 1 case
Sean M. Maguire, M.D. v. Est. of James William Crook, by & Through Its Thomas E. Springer, II (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 411.186(2)(c) — 5 cases
Gresh v. Waste Servs. of Am., Inc., 738 F. Supp. 2d 702 (E.D. Ky. 2010).
Pezzarossi v. Nutt, 392 S.W.3d 417 (Ky. Ct. App. 2012). “The statute states, in pertinent part, as follows: (1) As used in this section and KRS 411.186, unless the context requires otherwise: (b) “Fraud” means an intentional misrepresentation, deceit, or concealment of material fact known to the defendant and made with the intention…”
Metro. Life Ins. Co. v. William Grundy (Ky. Ct. App. 2026).
Csx Transp., Inc. v. Daniel J. Carey, II, D.C. (Ky. Ct. App. 2024).
Sean M. Maguire, M.D. v. Est. of James William Crook, by & Through Its Thomas E. Springer, II (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 411.186(2)(d) — 2 cases
Nikola Jajic v. Jennifer Sainato (Ky. Ct. App. 2025).
Sean M. Maguire, M.D. v. Est. of James William Crook, by & Through Its Thomas E. Springer, II (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 411.186(2)(e) — 5 cases
United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999). “This suit was tried in 1995 when KRS 411.186(2) (c) clearly permitted the jury to consider the profitability of the misconduct by UPS in assessing whether to award punitive damages.”
Dennis Thomas, as Adm'r of the Est. of Glenda Thomas v. Univ. Med. Ctr., Inc. D/B/A Univ. of Louisville Hosp. (Ky. 2020).
Dennis Thomas, as Adm'r of the Est. of Glenda Thomas v. Univ. Med. Ctr., Inc. D/B/A Univ. of Louisville Hosp. (Ky. 2020).
Providence Grp., Inc. v. Diane Holbrook as & Pers. Rep. of the Est. of Ralph Holbrook (Ky. Ct. App. 2024).
Sean M. Maguire, M.D. v. Est. of James William Crook, by & Through Its Thomas E. Springer, II (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 411.186(a) — 1 case
Cynthia Hayes as of the Est. of Donna Ann Hayes v. Colgate-Palmolive Co. (Ky. Ct. App. 2021).
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