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

Ky. Rev. Stat. § 411.310 (2026)

Presumptions in product liability actions

✓ current as of May 2026
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(1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5) years after the date of sale to the first consumer or more than eight (8) years after the date of manufacture.

(2) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared, and the product was manufactured. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 91, sec. 3, effective June 17, 1978.

Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1982–2024 · leading case: Owens-Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409 (Ky. 1998).
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Owens-Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409 (Ky. 1998). · cites it 6× “310” and that “Justice Palmore suggests that the statute is superfluous if it only reiterates the traditional plaintiffs burden of producing evidence to establish his claim,” citing 2 Palmore, Kentucky Instructions to Juries (Civil) § 49.01 (Comment), pp.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). · cites it 6× “KRS 411.310(1) creates a presumption rebuttable by a preponderance of the evidence (as opposed to the "bursting bubble" approach otherwise established by KRE 301) that a product is not defective if the injury, death or property damage occurred either five years after the date of…”
Prather v. Abbot Labs., 960 F. Supp. 2d 700 (W.D. Ky. 2013). · cites it 6× “Compare KRS § 411.310 with Tenn. Code Ann. § 29-28-105 (b).”
Anthony Smith, Jr. v. Joy Tech., Inc., 828 F.3d 391 (6th Cir. 2016). · cites it 6× “See Ky. Rev. Stat. Ann. § 411.310 . Jury Instruction 17 specifically stated: In a product liability action, there are two presumptions under Kentucky law: (1) The design of a High Wall Mining System was not defective if at the time of design and manufacture, its design, methods…”
Toyota Motor Corp. v. Gregory, 136 S.W.3d 35 (Ky. 2004). · cites it 2× “KRS 411.310(2) establishes a rebuttable presumption that a product is not defective if its design and manufacture conformed to the state of the art at the time of design and manufacture.”
Leslie v. Cincinnati Sub-Zero Prods., Inc., 961 S.W.2d 799 (Ky. Ct. App. 1998). · cites it 4× “The statutory presumptions of KRS 411.310 do no more than leave the burden of proof with Leslie to prove that the thermal unit was defective.”
Majdic v. Cincinnati Mach. Co., 537 A.2d 334 (Pa. 1988). · cites it 2× “See also: Ky.Rev.Stat.Ann. § 411.310 (Baldwin Supp.”
Boon Edam, Inc. v. Saunders, 324 S.W.3d 422 (Ky. Ct. App. 2010). · cites it 6× “1998): The statutory presumptions of KRS 411.310 do no more than leave the burden of proof with Leslie [as plaintiff] to prove that the thermal unit was defective.”
Murphy Ex Rel. Murphy v. Montgomery Elevator Co., 957 S.W.2d 297 (Ky. Ct. App. 1997). · cites it 5× “KRS 411.310 provides as follows: (1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5)…”
Ingersoll-Rand Co. v. Rice, 775 S.W.2d 924 (Ky. Ct. App. 1989). · cites it 2× “It appears to be undisputed between the parties that the statutory presumptions contained in KRS 411.310 apply to Ingersoll-Rand’s drill rig.”
Burke Enter., Inc. v. Mitchell, 700 S.W.2d 789 (Ky. 1985). · cites it 2× “If as movant insists, its liability were to be limited to the same as a seller under § 402A, at this point, four years in time before the accident, none of the defenses expressed in KRS 411.310 and KRS 411.320 of the Products Liability Act would apply to shield the movant in any…”
Myers v. Hayes Int'l Corp., 701 F. Supp. 618 (M.D. Tenn. 1988). · cites it 3× “Even assuming arguendo that Ky.Rev. Stat.Ann. § 411.310 is the relevant Kentucky statute and that the defendants have characterized it correctly, the conclusion they draw does not necessarily follow.”
Show all 30 citing cases →
— Ky. Rev. Stat. § 411.310(1) — 6 cases
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “KRS 411.310(1) creates a presumption rebuttable by a preponderance of the evidence (as opposed to the "bursting bubble" approach otherwise established by KRE 301) that a product is not defective if the injury, death or property damage occurred either five years after the date of…”
Myers v. Hayes Int'l Corp., 701 F. Supp. 618 (M.D. Tenn. 1988). “Even assuming arguendo that Ky.Rev. Stat.Ann. § 411.310 is the relevant Kentucky statute and that the defendants have characterized it correctly, the conclusion they draw does not necessarily follow.”
Anderson v. Black & Decker (U.S.), Inc., 597 F. Supp. 1298 (E.D. Ky. 1984).
Murphy Ex Rel. Murphy v. Montgomery Elevator Co., 957 S.W.2d 297 (Ky. Ct. App. 1997). “KRS 411.310 provides as follows: (1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5)…”
Wilson v. Sentry Ins., 993 F. Supp. 2d 662 (E.D. Ky. 2014).
— Ky. Rev. Stat. § 411.310(2) — 12 cases
Owens-Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409 (Ky. 1998). “310” and that “Justice Palmore suggests that the statute is superfluous if it only reiterates the traditional plaintiffs burden of producing evidence to establish his claim,” citing 2 Palmore, Kentucky Instructions to Juries (Civil) § 49.01 (Comment), pp.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002). “KRS 411.310(1) creates a presumption rebuttable by a preponderance of the evidence (as opposed to the "bursting bubble" approach otherwise established by KRE 301) that a product is not defective if the injury, death or property damage occurred either five years after the date of…”
Toyota Motor Corp. v. Gregory, 136 S.W.3d 35 (Ky. 2004). “KRS 411.310(2) establishes a rebuttable presumption that a product is not defective if its design and manufacture conformed to the state of the art at the time of design and manufacture.”
Prather v. Abbot Labs., 960 F. Supp. 2d 700 (W.D. Ky. 2013). “Compare KRS § 411.310 with Tenn. Code Ann. § 29-28-105 (b).”
Stephen Scanlan v. Sunbeam Prods., 690 F. App'x 319 (6th Cir. 2017).
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