(1) The following actions shall be commenced within one (1) year after the cause of
action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his
wife, child, ward, apprentice, or servant;
(b) An action for injuries to persons, cattle, or other livestock by railroads or other
corporations, with the exception of hospitals licensed pursuant to KRS
Chapter 216;
(c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal
conversation, or breach of promise of marriage;
(d) An action for libel or slander;
(e) An action against a physician, surgeon, dentist, or hospital licensed pursuant
to KRS Chapter 216, for negligence or malpractice;
(f) A civil action, arising out of any act or omission in rendering, or failing to
render, professional services for others, whether brought in tort or contract,
against a real estate appraiser holding a certificate or license issued under
KRS Chapter 324A or a real estate broker or sales associate holding a license
issued under KRS Chapter 324;
(g) An action for the escape of a prisoner, arrested or imprisoned on civil process;
(h) An action for the recovery of usury paid for the loan or forbearance of money
or other thing, against the loaner or forbearer or assignee of either;
(i) An action for the recovery of stolen property, by the owner thereof against any
person having the same in his possession;
(j) An action for the recovery of damages or the value of stolen property, against
the thief or any accessory;
(k) An action arising out of a detention facility disciplinary proceeding, whether
based upon state or federal law;
(l) An action for damages arising out of a deficiency, defect, omission, error, or
miscalculation in any survey or plat, whether brought in tort or contract,
against a licensed professional land surveyor holding a license under KRS
Chapter 322;
(m) An action for violating KRS 311.782; and
(n) An action for violating KRS 311.731.
(2) In respect to the action referred to in paragraph (e) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time the injury is first
discovered or in the exercise of reasonable care should have been discovered;
provided that such action shall be commenced within five (5) years from the date on
which the alleged negligent act or omission is said to have occurred.
(3) In respect to the action referred to in paragraph (f) or (l) of subsection (1) of this
section, the cause of action shall be deemed to accrue within one (1) year from the
date of the occurrence or from the date when the cause of action was, or reasonably
should have been, discovered by the party injured.
(4) In respect to the action referred to in paragraph (h) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time of payment. This limitation
shall apply to all payments made on all demands, whether evidenced by writing or
existing only in parol.
(5) In respect to the action referred to in paragraph (i) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time the property is found by its
owner.
(6) In respect to the action referred to in paragraph (j) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time of discovery of the
liability.
(7) In respect to the action referred to in paragraph (k) of subsection (1) of this section,
the cause of action shall be deemed to accrue on the date an appeal of the
disciplinary proceeding is decided by the institutional warden.
(8) In respect to the action referred to in subsection (1)(m) and (n) of this section, the
cause of action shall be deemed to accrue after the performance or inducement or
attempt to perform or induce the abortion.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 37, sec. 7, effective March 19, 2019; and ch. 135,
sec. 10, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 5, sec. 10, effective
January 9, 2017. -- Amended 2013 Ky. Acts ch. 48, sec. 1, effective June 25, 2013. --
Amended 2002 Ky. Acts ch. 11, sec. 3, effective July 15, 2002. -- Amended 2000
Ky. Acts ch. 309, sec. 1, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 386,
sec. 98. -- Amended 1972 Ky. Acts ch. 20, sec. 1. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2516, 2517, 2553.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 37 and 135, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (3/19/2019). 2019 Ky. Acts. 37, sec. 8,
provides that 2019 Ky. Acts ch. 37 may be cited as the "Human Rights of the Unborn
Child and Anti-Discrimination Act." This statute was amended in Section 7 of that
Act.
Notes of Decisions
McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990).
· cites it 25× “The Fayette Circuit Court granted the respondents' motion for summary judgment on the grounds that the action was barred "by the statute of limitations contained in KRS 413.140," which the court found to be constitutional.”
Harrison v. Valentini, 184 S.W.3d 521 (Ky. 2006).
· cites it 18× “Valentini in November 2000 was clearly time-barred under KRS 413.140. The majority, however, has, through pure judicial fiat, supplanted the statutorily prescribed discovery rule with the continuous course of treatment rule.”
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
· cites it 13× “All Plaintiffs’ state claims are subject to the one-year statute of limitations found in KRS § 413.140. Though Plaintiffs appear to concede this point—or, at least, do not argue it—it requires explanation.”
Million v. Raymer, 139 S.W.3d 914 (Ky. 2004).
· cites it 16× “In Kentucky, such claims are subject to our one-year limitations period under KRS 413.140 for personal-injury actions. Brown v.”
CPC Livestock, LLC v. Fifth Third Bank, Inc., 495 B.R. 332 (Bankr. W.D. Ky. 2013).
· cites it 23× “2007) (recounting the application of KRS § 413.140(1)0) in an underlying case involving claims of fraud, conversion, and theft).”
Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987).
· cites it 9× “This appeal is from a decision of the Court of Appeals which affirmed the judgment of the circuit court which had dismissed the complaint because it was barred by the one-year statute of limitations as provided in KRS 413.140. In this Court the case has endured a tortured…”
Emberton v. GMRI, Inc., 299 S.W.3d 565 (Ky. 2009).
· cites it 5× “KRS 413.140 ("Actions to be brought within one year”), in relevant part, states: (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff .”
Abel v. Austin, 411 S.W.3d 728 (Ky. 2013).
· cites it 6× “245 provides: Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render,…”
Grego v. Meijer, Inc., 187 F. Supp. 2d 689 (W.D. Ky. 2001).
· cites it 8× “No statute expressly address the relevant limitations period for wrongful imprisonment, though section 413.140 does impose a one year limitations provision for actions based upon arrest.”
— Ky. Rev. Stat. § 413.140(1) — 96 cases
— Ky. Rev. Stat. § 413.140(1)(2) — 1 case
— Ky. Rev. Stat. § 413.140(1)(A) — 2 cases
— Ky. Rev. Stat. § 413.140(1)(a) — 261 cases
Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987).
“This appeal is from a decision of the Court of Appeals which affirmed the judgment of the circuit court which had dismissed the complaint because it was barred by the one-year statute of limitations as provided in KRS 413.140. In this Court the case has endured a tortured…”
— Ky. Rev. Stat. § 413.140(1)(b) — 1 case
— Ky. Rev. Stat. § 413.140(1)(c) — 15 cases
— Ky. Rev. Stat. § 413.140(1)(d) — 15 cases
— Ky. Rev. Stat. § 413.140(1)(e) — 30 cases
Harrison v. Valentini, 184 S.W.3d 521 (Ky. 2006).
“Valentini in November 2000 was clearly time-barred under KRS 413.140. The majority, however, has, through pure judicial fiat, supplanted the statutorily prescribed discovery rule with the continuous course of treatment rule.”
McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990).
“The Fayette Circuit Court granted the respondents' motion for summary judgment on the grounds that the action was barred "by the statute of limitations contained in KRS 413.140," which the court found to be constitutional.”
— Ky. Rev. Stat. § 413.140(1)(f) — 3 cases
— Ky. Rev. Stat. § 413.140(1)(i) — 1 case
— Ky. Rev. Stat. § 413.140(1)(j) — 1 case
— Ky. Rev. Stat. § 413.140(1)(k) — 2 cases
— Ky. Rev. Stat. § 413.140(2) — 29 cases
McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990).
“The Fayette Circuit Court granted the respondents' motion for summary judgment on the grounds that the action was barred "by the statute of limitations contained in KRS 413.140," which the court found to be constitutional.”
Harrison v. Valentini, 184 S.W.3d 521 (Ky. 2006).
“Valentini in November 2000 was clearly time-barred under KRS 413.140. The majority, however, has, through pure judicial fiat, supplanted the statutorily prescribed discovery rule with the continuous course of treatment rule.”
— Ky. Rev. Stat. § 413.140(3) — 2 cases
— Ky. Rev. Stat. § 413.140(4) — 2 cases
— Ky. Rev. Stat. § 413.140(5) — 1 case
— Ky. Rev. Stat. § 413.140(6) — 1 case
— Ky. Rev. Stat. § 413.140(7) — 2 cases
— Ky. Rev. Stat. § 413.140(a) — 8 cases
Million v. Raymer, 139 S.W.3d 914 (Ky. 2004).
“In Kentucky, such claims are subject to our one-year limitations period under KRS 413.140 for personal-injury actions. Brown v.”
— Ky. Rev. Stat. § 413.140(a)(1) — 1 case
— Ky. Rev. Stat. § 413.140(d) — 1 case
— Ky. Rev. Stat. § 413.140(e) — 3 cases
Abel v. Austin, 411 S.W.3d 728 (Ky. 2013).
“245 provides: Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render,…”
— Ky. Rev. Stat. § 413.140(h) — 1 case
— Ky. Rev. Stat. § 413.140(i) — 1 case
— Ky. Rev. Stat. § 413.140(k) — 1 case
Million v. Raymer, 139 S.W.3d 914 (Ky. 2004).
“In Kentucky, such claims are subject to our one-year limitations period under KRS 413.140 for personal-injury actions. Brown v.”
— Ky. Rev. Stat. § 413.140(l)(a) — 58 cases
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
“All Plaintiffs’ state claims are subject to the one-year statute of limitations found in KRS § 413.140. Though Plaintiffs appear to concede this point—or, at least, do not argue it—it requires explanation.”
Emberton v. GMRI, Inc., 299 S.W.3d 565 (Ky. 2009).
“KRS 413.140 ("Actions to be brought within one year”), in relevant part, states: (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff .”
Grego v. Meijer, Inc., 187 F. Supp. 2d 689 (W.D. Ky. 2001).
“No statute expressly address the relevant limitations period for wrongful imprisonment, though section 413.140 does impose a one year limitations provision for actions based upon arrest.”
— Ky. Rev. Stat. § 413.140(l)(b) — 2 cases
— Ky. Rev. Stat. § 413.140(l)(c) — 9 cases
— Ky. Rev. Stat. § 413.140(l)(d) — 7 cases
— Ky. Rev. Stat. § 413.140(l)(e) — 10 cases
Harrison v. Valentini, 184 S.W.3d 521 (Ky. 2006).
“Valentini in November 2000 was clearly time-barred under KRS 413.140. The majority, however, has, through pure judicial fiat, supplanted the statutorily prescribed discovery rule with the continuous course of treatment rule.”
McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990).
“The Fayette Circuit Court granted the respondents' motion for summary judgment on the grounds that the action was barred "by the statute of limitations contained in KRS 413.140," which the court found to be constitutional.”
— Ky. Rev. Stat. § 413.140(l)(h) — 2 cases
— Ky. Rev. Stat. § 413.140(l)(j) — 2 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.