2017 Kentucky Revised Statutes
CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS
.182 Allocation of fault in tort actions -- Award of damages -- Effect of release.
Download as PDF
411.182 Allocation of fault in tort actions -- Award of damages -- Effect of release.
In all tort actions, including products liability actions, involving fault of more than
one (1) party to the action, including third-party defendants and persons who have
been released under subsection (4) of this section, the court, unless otherwise agreed
by all parties, shall instruct the jury to answer interrogatories or, if there is no jury,
shall make findings indicating:
(a) The amount of damages each claimant would be entitled to recover if
contributory fault is disregarded; and
(b) The percentage of the total fault of all the parties to each claim that is
allocated to each claimant, defendant, third-party defendant, and person who
has been released from liability under subsection (4) of this section.
In determining the percentages of fault, the trier of fact shall consider both the
nature of the conduct of each party at fault and the extent of the causal relation
between the conduct and the damages claimed.
The court shall determine the award of damages to each claimant in accordance
with the findings, subject to any reduction under subsection (4) of this section, and
shall determine and state in the judgment each party's equitable share of the
obligation to each claimant in accordance with the respective percentages of fault.
A release, covenant not to sue, or similar agreement entered into by a claimant and a
person liable, shall discharge that person from all liability for contribution, but it
shall not be considered to discharge any other persons liable upon the same claim
unless it so provides. However, the claim of the releasing person against other
persons shall be reduced by the amount of the released persons' equitable share of
the obligation, determined in accordance with the provisions of this section.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 1, 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.