The following actions shall be commenced within five (5) years after the cause of action
accrued:
(1) An action upon a contract not in writing, express or implied.
(2) An action upon a liability created by statute, when no other time is fixed by the
statute creating the liability.
(3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing
it.
(4) An action for trespass on real or personal property.
(5) An action for the profits of or damages for withholding real or personal property.
(6) An action for an injury to the rights of the plaintiff, not arising on contract and not
otherwise enumerated.
(7) An action upon a bill of exchange, check, draft or order, or any endorsement
thereof, or upon a promissory note, placed upon the footing of a bill of exchange.
(8) An action to enforce the liability of a steamboat or other vessel.
(9) An action upon a merchant's account for goods sold and delivered, or any article
charged in such store account.
(10) An action upon an account concerning the trade of merchandise, between merchant
and merchant or their agents.
(11) An action for relief or damages on the ground of fraud or mistake.
(12) An action to enforce the liability of bail.
(13) An action for personal injuries suffered by any person against the builder of a home
or other improvements. This cause of action shall be deemed to accrue at the time of
original occupancy of the improvements which the builder caused to be erected.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 121, sec. 3, effective June 24, 2015. -- Amended
1998 Ky. Acts ch. 196, sec. 25, effective July 15, 1998. -- Amended 1988 Ky. Acts
ch. 224, sec. 6, effective July 15, 1988. -- Amended 1964 Ky. Acts ch. 124, sec. 1. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2515, 2518.
Notes of Decisions
Vandertoll v. Commonwealth (2003)
ky · cites it 13×
“670 was governed by the five-year statute of limitations contained in KRS 413.120. The Court of Appeals, in a consolidated opinion with the Thompson case, held that although the five-year statute of limitations applied, the limitations period does not begin to run until the…”
Abel v. Austin (2013)
ky · cites it 10×
“245 IS APPLICABLE IN THIS CASE; THE FIVE-YEAR LIMITATION OF KRS 413.120 IS NOT APPLICABLE Having concluded that this case is governed by the Kentucky statutes of limitations, rather than Alabama law, we turn now to the question of which Kentucky statute applies.”
Fallin v. Commonwealth Industries, Inc. Cash Balance Plan (2007)
kywd · cites it 20×
“090 applies; Defendants prefer the five (5) year limitation contained in Ky.Rev.Stat. § 413.120. Here, Plaintiffs’ complaint expressly alleges that Defendants’ plan amendments violate various ERISA provisions.”
Overstreet v. Kindred Nursing Centers Ltd. Partnership (2015)
ky · cites it 12×
“515, for which Overstreet seeks redress, are “liabilities created by statute,” and, therefore, are subject to the five-year limitations period established by KRS 413.120. However, those causes of action do not fit within the survival provisions of KRS 411.”
Million v. Raymer (2004)
ky · cites it 12×
“Presumably then, had Raymer more artfully pled the same claim as a violation of the Kentucky Constitution and Kentucky statutory law, his action would still be viable pursuant to KRS 413.120. This Court has many times held that when a prisoner elects to proceed pro se, he is not…”
Middleton v. Sampey (2017)
kyctapp · cites it 5×
“Prior to July 2014, KRS 413.120 applied to a breach of trust claim, requiring “[a]n action for an injury by a trustee to the rights of a beneficiary of a trust” to be brought within five years.”
American Premier Insurance Co. v. McBride (2004)
kyctapp · cites it 12×
“KRS 413.120 lists a number of actions which “shall be commenced within five (5) years after the cause of action accrued,” each of which is enumerated in *347 one of the statute’s subsections.”
Walker v. Commonwealth (2016)
kyctapp · cites it 4×
“KRS 413.120 and the “Continuing Violation” Doctrine Kentucky law states that actions “upon a liability created by statute,” such as the KCRA, “shall be commenced within five (5) years after the cause of action accrued[.”
Ammerman v. Bd. of Educ., Nicholas County (2000)
ky · cites it 6×
“" [19] Civil rights claims are governed by the five-year statute of limitations provided in KRS 413.120(2). In a sexual harassment lawsuit, the limitations period begins on the date the act of harassment occurs.”
Linda Holt v. John Griffin (2017)
ca6 · cites it 2×
“Neither party disputes that all of Defendants’ breaches of their fiduciary duties occurred in the 1980s and 1990s—more than five years before these consolidated lawsuits were filed in 2011 and 2013, respectively. However, Kentucky equitably tolls its statute of limitations…”
Wood v. Wingfield (1991)
ky · cites it 10×
“010 provided a fifteen year statute of limitations with respect to the realty, and that KRS 413.120(2) provided a five year statute of limitations with respect to the personalty.”
— Ky. Rev. Stat. § 413.120(1) — 20 cases
— Ky. Rev. Stat. § 413.120(10) — 1 case
— Ky. Rev. Stat. § 413.120(11) — 22 cases
— Ky. Rev. Stat. § 413.120(12) — 34 cases
Abel v. Austin (2013)
ky
“245 IS APPLICABLE IN THIS CASE; THE FIVE-YEAR LIMITATION OF KRS 413.120 IS NOT APPLICABLE Having concluded that this case is governed by the Kentucky statutes of limitations, rather than Alabama law, we turn now to the question of which Kentucky statute applies.”
— Ky. Rev. Stat. § 413.120(13) — 2 cases
— Ky. Rev. Stat. § 413.120(14) — 6 cases
— Ky. Rev. Stat. § 413.120(2) — 82 cases
Vandertoll v. Commonwealth (2003)
ky
“670 was governed by the five-year statute of limitations contained in KRS 413.120. The Court of Appeals, in a consolidated opinion with the Thompson case, held that although the five-year statute of limitations applied, the limitations period does not begin to run until the…”
Overstreet v. Kindred Nursing Centers Ltd. Partnership (2015)
ky
“515, for which Overstreet seeks redress, are “liabilities created by statute,” and, therefore, are subject to the five-year limitations period established by KRS 413.120. However, those causes of action do not fit within the survival provisions of KRS 411.”
Million v. Raymer (2004)
ky
“Presumably then, had Raymer more artfully pled the same claim as a violation of the Kentucky Constitution and Kentucky statutory law, his action would still be viable pursuant to KRS 413.120. This Court has many times held that when a prisoner elects to proceed pro se, he is not…”
American Premier Insurance Co. v. McBride (2004)
kyctapp
“KRS 413.120 lists a number of actions which “shall be commenced within five (5) years after the cause of action accrued,” each of which is enumerated in *347 one of the statute’s subsections.”
— Ky. Rev. Stat. § 413.120(3) — 8 cases
— Ky. Rev. Stat. § 413.120(4) — 20 cases
— Ky. Rev. Stat. § 413.120(5) — 8 cases
— Ky. Rev. Stat. § 413.120(6) — 43 cases
Middleton v. Sampey (2017)
kyctapp
“Prior to July 2014, KRS 413.120 applied to a breach of trust claim, requiring “[a]n action for an injury by a trustee to the rights of a beneficiary of a trust” to be brought within five years.”
Ammerman v. Bd. of Educ., Nicholas County (2000)
ky
“" [19] Civil rights claims are governed by the five-year statute of limitations provided in KRS 413.120(2). In a sexual harassment lawsuit, the limitations period begins on the date the act of harassment occurs.”
— Ky. Rev. Stat. § 413.120(7) — 25 cases
Abel v. Austin (2013)
ky
“245 IS APPLICABLE IN THIS CASE; THE FIVE-YEAR LIMITATION OF KRS 413.120 IS NOT APPLICABLE Having concluded that this case is governed by the Kentucky statutes of limitations, rather than Alabama law, we turn now to the question of which Kentucky statute applies.”
Wood v. Wingfield (1991)
ky
“010 provided a fifteen year statute of limitations with respect to the realty, and that KRS 413.120(2) provided a five year statute of limitations with respect to the personalty.”
— Ky. Rev. Stat. § 413.120(8) — 2 cases
— Ky. Rev. Stat. § 413.120(b) — 1 case
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