Ky. Rev. Stat. » Chapter 446
Kentucky Revised Statutes

Ky. Rev. Stat. § 446.070 (2026)

Penalty no bar to civil recovery

✓ current as of May 2026
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A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 466.

Notes of Decisions
Cited in 282 cases (125 in the last 5 years), 1943–2026 · leading case: Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005).
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Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). · cites it 56× “KRS 446.070 provides: A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.”
Vanhook v. Somerset Health Facilities, LP, 67 F. Supp. 3d 810 (E.D. Ky. 2014). · cites it 68× “His Complaint alleges that Cumberland violated various statutory and regulatory duties of care that he contends are actionable as negligence per se under KRS § 446.070. [Compl., R. 1-2 at ¶26.] These claims can be divided into three broad categories.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003). · cites it 40× “12-230, the Unfair Claims Settlement Practices Act ("UCSPA"), and KRS 446.070, creates an exception to KRS 342.”
St. Luke Hosp., Inc. v. Straub, 354 S.W.3d 529 (Ky. 2011). · cites it 17× “We hold that an action for money damages under KRS 446.070 is not available for alleged constitutional violations, and we *532 decline Straub’s invitation to create judicially a new constitutional tort in Kentucky because adequate remedial alternatives exist in the common law.”
Centre Coll. v. Trzop, 127 S.W.3d 562 (Ky. 2004). · cites it 24× “*565 The complaint asserted: (1) a contractual due process claim; (2) a state statutory due process claim via KRS 446.070; (3) a constitutional due process claim via 42 U.”
Gatx Corp. v. Addington, 879 F. Supp. 2d 633 (E.D. Ky. 2012). · cites it 20× “Without attaching a proposed amended complaint to the Motion, GATX asserted that an amended complaint would state the following additional claims against Larry, Stephen and Robert: (1) conspiracy to commit fraudulent transfers; (2) fraud in connection with fraudulent transfers;…”
Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000). · cites it 10× “Since the UCSPA does not specifically create a cause of action for damages for violation of its provisions, [3] the holding in Reeder was premised solely upon the provisions of KRS 446.070, Reeder, supra, at 117-18 , which provides as follows: A person injured by the violation…”
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009). · cites it 22× “In this regard, Kentucky’s wage and hour statutes must be read in conjunction with KRS § 446.070 (Michie 1999), the statute that creates a private right of action for individuals who are injured by the violation of any Kentucky statute.”
Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1983). · cites it 8× “130, which, if proved before the trial court, entitles Wilson under KRS 446.070 to recover from his former employer whatever damages he has sustained by reason of the violation.”
T & M JEWELRY, INC. v. Hicks Ex Rel. Hicks, 189 S.W.3d 526 (Ky. 2006). · cites it 8× “KRS 446.070 codifies the doctrine of negligence per se in Kentucky.”
Young v. Carran, 289 S.W.3d 586 (Ky. Ct. App. 2008). · cites it 8× “With respect to Young's HI-PAA claim, the court further held that KRS 446.070 is limited in applicability to state statutes and does not apply to federal laws such as HIPAA or the laws of other states.”
Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). · cites it 8× “, Ky., 759 S.W.2d 819 (1988), we held that the Consumer Protection Act provides an insured under a homeowner's policy with a remedy against the conduct of his insurance company, if such conduct constitutes an unlawful act as defined in KRS 367.”
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