(1) As used in KRS 411.310 to 411.340, a "product liability action" shall include any
action brought for or on account of personal injury, death or property damage
caused by or resulting from the manufacture, construction, design, formulation,
development of standards, preparation, processing, assembly, testing, listing,
certifying, warning, instructing, marketing, advertising, packaging or labeling of any
product.
(2) As used in KRS 411.310 to 411.340, a "plaintiff" shall mean a person asserting a
claim and, if said claim is asserted on behalf of an estate, "plaintiff" shall include
plaintiff's decedent.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 91, sec. 2, effective June 17, 1978.
Notes of Decisions
Cited in
33
cases (
12 in the last 5 years), 1984–2025 · leading case:
Larkin v. Pfizer, Inc., 153 S.W.3d 758 (Ky. 2004).
Larkin v. Pfizer, Inc., 153 S.W.3d 758 (Ky. 2004).
· cites it 8× “Next, the Larkins claim that the General Assembly's failure to mention the learned intermediary rule in the Product Liability Act, KRS 411.300, et seq., indicates a legislative intent not to adopt the rule in Kentucky.”
Bosch v. Bayer Healthcare Pharm., Inc., 13 F. Supp. 3d 730 (W.D. Ky. 2014).
· cites it 8× “at 16 (arguing that Kentucky law recognizes a claim for failure to adequately test); 18 (arguing that Kentucky law does not require privity in tort claims when a defendant defrauds a third-party); 19 (applying Ky.Rev.Stat. § 411.300(1) to their claim for “Defect due to…”
Prather v. Abbot Labs., 960 F. Supp. 2d 700 (W.D. Ky. 2013).
· cites it 4× “See KRS § 411.300 (defining a product liability action as “any brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly,…”
Monsanto Co. v. Reed, 950 S.W.2d 811 (Ky. 1997).
· cites it 4× “The court also held that the Product Liability Act, KRS 411.300 et seq., did not apply to claims based on common law negligence, reasoning that Section 54 of the Constitution of Kentucky prevents the General Assembly from limiting such actions.”
Connie Thacker v. Ethicon, Inc., 47 F.4th 451 (6th Cir. 2022).
· cites it 2× “See Ky. Rev. Stat. § 411.300–411.340. After the close of discovery, Ethicon moved for summary judgment.”
Sarah Speed v. Wyeth Pharm., Inc., 737 F.3d 378 (6th Cir. 2013).
· cites it 2× “§ 29-28-102 (6) with Ky. Rev. Stat. § 411.300(1). The TPLA’s definition of “product liability action” has been interpreted broadly.”
Mitchell v. Actavis Pharm., 185 F. Supp. 3d 971 (W.D. Ky. 2016).
· cites it 6× “Ky. Rev. Stat. § 411.300 et seq. This Act allows plaintiffs to bring a product liability action.”
Sims v. Atrium Med. Corp., 349 F. Supp. 3d 628 (W.D. Ky. 2018).
· cites it 2× “§ 411.300. [DN 16-1 at 18]. Negligence per se "is merely a negligence claim with a statutory standard of care substituted for the common law standard of care.”
Nucor Corp. v. Gen. Elec. Co., 812 S.W.2d 136 (Ky. 1991).
· cites it 2× “320(3), a subsection specifying that if the plaintiff is negligent "in his use of the product, and such failure was a substantial cause of the occurrence that caused injury or damage to the plaintiff, the defendant shall not be liable whether or not said defendant was at fault…”
Burke Enter., Inc. v. Mitchell, 700 S.W.2d 789 (Ky. 1985).
· cites it 3× “The Products Liability Act, KRS 411.300, et seq. provided certain defenses to the manufacturer based on the time of manufacture, viz.”
Morales v. Am. Honda Motor Co., 151 F.3d 500 (6th Cir. 1998).
· cites it 4× “182, in conjunction with Kentucky’s Product Liability Act, Ky. Rev. Stat. § 411.300, et seq. Ky. Rev.”
— Ky. Rev. Stat. § 411.300(1) — 15 cases
Bosch v. Bayer Healthcare Pharm., Inc., 13 F. Supp. 3d 730 (W.D. Ky. 2014).
“at 16 (arguing that Kentucky law recognizes a claim for failure to adequately test); 18 (arguing that Kentucky law does not require privity in tort claims when a defendant defrauds a third-party); 19 (applying Ky.Rev.Stat. § 411.300(1) to their claim for “Defect due to…”
Larkin v. Pfizer, Inc., 153 S.W.3d 758 (Ky. 2004).
“Next, the Larkins claim that the General Assembly's failure to mention the learned intermediary rule in the Product Liability Act, KRS 411.300, et seq., indicates a legislative intent not to adopt the rule in Kentucky.”
Sarah Speed v. Wyeth Pharm., Inc., 737 F.3d 378 (6th Cir. 2013).
“§ 29-28-102 (6) with Ky. Rev. Stat. § 411.300(1). The TPLA’s definition of “product liability action” has been interpreted broadly.”
Monsanto Co. v. Reed, 950 S.W.2d 811 (Ky. 1997).
“The court also held that the Product Liability Act, KRS 411.300 et seq., did not apply to claims based on common law negligence, reasoning that Section 54 of the Constitution of Kentucky prevents the General Assembly from limiting such actions.”
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