2011 Kentucky Revised Statutes
CHAPTER 413 LIMITATION OF ACTIONS
413.140 Actions to be brought within one year.
Download pdf<![CDATA[413.140 Actions to be brought within one year.
(1)
(2)
(3)
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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;
(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; and
(k) An action arising out of a detention facility disciplinary proceeding, whether
based upon state or federal law.
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.
In respect to the action referred to in paragraph (f) 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.
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.
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.
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(7)
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.
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.
Effective: July 15, 2002
History: 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.
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