Ky. Rev. Stat. » Chapter 75
Kentucky Revised Statutes

Ky. Rev. Stat. § 75.070 (2026)

No liability for damages when serving outside limits of district or

✓ current as of May 2026
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municipality -- Fire departments as agents of Commonwealth. (1) A municipal fire department, fire protection district fire department, and volunteer fire department and the personnel of each, answering any fire alarms, performing fire prevention services, or other duly authorized emergency services inside and outside of the corporate limits of its municipality, fire protection district, or area normally served by a volunteer fire department, shall be considered an agent of the Commonwealth of Kentucky, and acting solely and alone in a governmental capacity, and such municipality, fire protection district, or area normally served by a volunteer fire department, shall not be liable in damages for any omission or act of commission or negligence while answering an alarm, performing fire prevention services, or other duly authorized emergency services. (2) No municipal fire department, fire protection district fire department or volunteer fire department answering any fire alarms, performing fire prevention services or volunteer fire department services inside the corporate limits of the district shall be liable in damages for any omission or act of commission or negligence while answering or returning from any fire or reported fire, or doing or performing any fire prevention work under and by virtue of this chapter and said fire departments shall be considered agents of the Commonwealth of Kentucky, and acting solely and alone in a governmental capacity. History: Amended 1964 Ky. Acts ch. 184, sec. 6. -- Amended 1956 Ky. Acts ch. 207, sec. 21. -- Created 1944 Ky. Acts ch. 133, sec. 7.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2009–2025 · leading case: Caneyville Volunteer Fire Dep't v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009).
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Caneyville Volunteer Fire Dep't v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009). · cites it 64× “CVFD is an agent of the Commonwealth, having been recognized as such by the General Assembly by KRS 75.070 and declared immune from suit in tort.”
Se. Bullitt Fire Prot. Dist. v. Se. Bullitt Fire & Rescue Dep't, 537 S.W.3d 828 (Ky. Ct. App. 2017). “KRS 75.070. We believe this distinction removes fire protection services from the utility category which would require a franchise and public bidding pursuant to Ky.”
Upper Pond Creek Volunteer Fire Dep't, Inc. v. Ronnie Kinser (Ky. 2020). · cites it 21× “However, the Kinsers argued that KRS 75.070 does not expressly apply to their other claims, such as negligent hiring and training.”
Michael Wilson, Individually & in His Off. Capacity as Firefighter v. Wesley England (Ky. Ct. App. 2024). · cites it 7× “9 Chief Justice Minton called for applying KRS 75.070’s plain 9 Based on our review of the record, Wilson argued in writing to the trial court both that he was entitled to the same immunity as the fire department under KRS 75.”
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). · cites it 6× “at 795-96 (quoting Ky. Rev. Stat. Ann. § 75.070 ). The plaintiff, an owner of a motorcycle business, argued that KRS 75.”
City of Paintsville v. Paula M. Haney, as Pers. Rep. of Est. of Donald Prater, Jr. (Ky. 2025). · cites it 2× “3d at 807-10 (explaining how qualified official immunity applies to a fire chief sued in his personal capacity for his official actions which include, pursuant to KRS 75.070(1), the provision of emergency services).”
Paula M. Haney, as Pers. Rep. of Est. of Donald Prater, Jr. v. Shane Cantrell (Ky. Ct. App. 2023). “He was clearly providing emergency services pursuant to KRS 75.070 and is therefore entitled to qualified immunity.”
— Ky. Rev. Stat. § 75.070(1) — 4 cases
Caneyville Volunteer Fire Dep't v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009). “CVFD is an agent of the Commonwealth, having been recognized as such by the General Assembly by KRS 75.070 and declared immune from suit in tort.”
Michael Wilson, Individually & in His Off. Capacity as Firefighter v. Wesley England (Ky. Ct. App. 2024). “9 Chief Justice Minton called for applying KRS 75.070’s plain 9 Based on our review of the record, Wilson argued in writing to the trial court both that he was entitled to the same immunity as the fire department under KRS 75.”
Upper Pond Creek Volunteer Fire Dep't, Inc. v. Ronnie Kinser (Ky. 2020). “However, the Kinsers argued that KRS 75.070 does not expressly apply to their other claims, such as negligent hiring and training.”
City of Paintsville v. Paula M. Haney, as Pers. Rep. of Est. of Donald Prater, Jr. (Ky. 2025). “3d at 807-10 (explaining how qualified official immunity applies to a fire chief sued in his personal capacity for his official actions which include, pursuant to KRS 75.070(1), the provision of emergency services).”
— Ky. Rev. Stat. § 75.070(2) — 1 case
Upper Pond Creek Volunteer Fire Dep't, Inc. v. Ronnie Kinser (Ky. 2020). “However, the Kinsers argued that KRS 75.070 does not expressly apply to their other claims, such as negligent hiring and training.”
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