2014 Kentucky Revised Statutes CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.184 Definitions -- Punitive damages -- Proof of punitive damages.
Download as PDF
411.184 Definitions -- Punitive damages -- Proof of punitive damages.
(1)
(2)
(3)
(4)
(5)
As used in this section and KRS 411.186, unless the context requires
otherwise:
(a) "Oppression" means conduct which is specifically intended by the
defendant to subject the plaintiff to cruel and unjust hardship.
(b) "Fraud" means an intentional misrepresentation, deceit, or concealment
of material fact known to the defendant and made with the intention of
causing injury to the plaintiff.
(c) "Malice" means either conduct which is specifically intended by the
defendant to cause tangible or intangible injury to the plaintiff or conduct
that is carried out by the defendant both with a flagrant indifference to the
rights of the plaintiff and with a subjective awareness that such conduct
will result in human death or bodily harm.
(d) "Plaintiff" means any party claiming punitive damages.
(e) "Defendant" means any party against whom punitive damages are
sought.
(f) "Punitive damages" includes exemplary damages and means damages,
other than compensatory and nominal damages, awarded against a
person to punish and to discourage him and others from similar conduct
in the future.
A plaintiff shall recover punitive damages only upon proving, by clear and
convincing evidence, that the defendant from whom such damages are sought
acted toward the plaintiff with oppression, fraud or malice.
In no case shall punitive damages be assessed against a principal or employer
for the act of an agent or employee unless such principal or employer
authorized or ratified or should have anticipated the conduct in question.
In no case shall punitive damages be awarded for breach of contract.
This statute is applicable to all cases in which punitive damages are sought
and supersedes any and all existing statutory or judicial law insofar as such law
is inconsistent with the provisions of this statute.
Effective:July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 2, effective July 15, 1988.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.