© 2014 Thomson Reuters. All rights reserved.
A Q&A guide to the statutes of limitation in
Kentucky for several commercial claims. Answers
to questions can be compared across a number
of jurisdictions (see Statutes of Limitation: State
Q&A Tool (http://us.practicallaw.com/1-204-8071)).
ACCOUNT STATED
1. What is the statute of limitations for an account stated claim
in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120(10),
(11)).
ACCRUAL DATE
The limitation period starts to run:
For an action on a merchant's account, from January 1 of the year
following the respective delivery dates of the articles charged in
the account (Ky. Rev. Stat. Ann. § 413.130).
For an action to recover a balance due on a mutual open and
current account concerning the trade of merchandise between
merchant and merchant or their agents, where there have been
reciprocal demands between the parties, from the time of the last
item proved in the account claimed (Ky. Rev. Stat. Ann. § 413.130).
ANTITRUST
2. What is the statute of limitations for an antitrust claim in
your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years, for actions on a liability created
by statute, when no other time is fixed by the statute creating the
liability (Ky. Rev. Stat. Ann. § 413.120(2)).
Kentucky has an antitrust statute that falls under Kentucky's Con-
sumer Protection Act, which has a specific statute of limitation for
violations of another part of this law (Ky. Rev. Stat. Ann. §§ 367.170,
367.175). Because the specific limitation applies only to Section
367.170 of the Kentucky Revised Statutes, the general five-year stat-
ute for liability under Section 413.120 applies to the antitrust claims.
ACCRUAL DATE
The limitation period starts to run when the plaintiff is injured by the
anti-competitive conduct.
There is no Kentucky case that specifies the accrual date. However,
Kentucky's antitrust law is based on the federal Sherman Antitrust
Act (Mendell v. Golden-Farley, Inc., 573 S.W.2d 346, 348-349 (Ky. Ct.
App. 1978)). Because the accrual date under the Sherman Act is gen-
erally when the plaintiff is damaged by the anti-competitive conduct,
Kentucky courts should follow the federal interpretation (Zenith Radio
Corp. v. Hazeltine Research, 401 U.S. 321, 339 (1971)).
BREACH OF CONTRACT
3. What is the statute of limitations for a breach of contract
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is:
Five years for a contract not in writing (Ky. Rev. Stat. Ann. §
413.120(1)).
Ten years for a written contract executed after July 15, 2014 (Ky. Rev.
Stat. Ann. § 413.160). Written contracts executed before this date have
a statute of limitations of 15 years (Ky. Rev. Stat. Ann. § 413.090 (2)).
Four years for a sale of goods (Ky. Rev. Stat. Ann. § 355.2-725 (UCC)).
ACCRUAL DATE
The limitation period starts to run on the date the contract is
breached, regardless of the aggrieved party's lack of knowledge of
the breach (Sandy V. & E. R. Co. v. Hughes, 205 S.W. 607, 608 (Ky.
1918); Ky. Rev. Stat. Ann. § 355.2-725 (UCC)).
Statutes of Limitation: Kentucky
COLIN H. LINDSAY AND RYAN A. MORRISON, DINSMORE & SHOHL, LLP, WITH PRACTICAL LAW LITIGATION
View the online version at http://us.practicallaw.com/w-000-1784
© 2014 Thomson Reuters. All rights reserved.
2
Statutes of Limitation: Kentucky
BREACH OF FIDUCIARY DUTY
4. What is the statute of limitations for a breach of fiduciary
duty claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120(7)).
ACCRUAL DATE
Kentucky courts have not decided on when the limitation period
starts to run for a breach of fiduciary duty claim (see Ingram v. Cates,
74 S.W.3d 783, 787 (Ky. Ct. App. 2002)). However, federal courts have
been forced to decide this issue and have held that breach of fidu-
ciary duty accrues when the breach occurs (see Rich & Rich P'ship v.
Poetman Records USA, Inc., 714 F. Supp. 2d 657, 668 (E.D. Ky. 2010)).
BREACH OF WARRANTY
5. What is the statute of limitations for a breach of warranty
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is three years (Ky. Rev. Stat. Ann. § 355.3-
118(7)(b)).
ACCRUAL DATE
The limitation period starts to run when:
Tender of delivery is made, regardless of the aggrieved party's lack
of knowledge of the breach (Ky. Rev. Stat. Ann. § 355.2-725(2)).
If there is a warranty for future performance of the goods, the breach
is or should have been discovered (Ky. Rev. Stat. Ann. § 355.2-725(2)).
CONSUMER PROTECTION STATUTES
6. What is the statute of limitations for a consumer protection
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is two years after a violation of Section 367.170
of the Kentucky Revised Statutes or one year after any action by the
Attorney General, whichever is later (Ky. Rev. Stat. Ann. § 367.220(5)).
ACCRUAL DATE
The limitation period starts to run when the violation of Section 367.170
of the Kentucky Revised Statutes occurs or if the Attorney General
commences an action, when any action by the Attorney General
terminates (see Cook v. State Farm Mut. Auto. Ins. Co., No. 2002-CA-
000801-MR, 2004 WL 2011375, at *3-4 (Ky. Ct. App. Sept. 10, 2004)).
CONVERSION
7. What is the statute of limitations for a conversion claim in
your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is:
Three years for conversion of an instrument, for money had and
received, or similar action based on conversion (Ky. Rev. Stat. Ann.
§ 355.3-118(7)(a)).
Two years for conversion of property by a personal representative
of an estate (Ky. Rev. Stat. Ann. § 396.205).
One year for an action for the recovery of stolen property, by the
owner of it against any person having the same in his possession
(Ky. Rev. Stat. Ann. § 413.140(1)(i)).
One year for an action for the recovery of damages or the value of
stolen property, against the thief or any accessory (Ky. Rev. Stat.
Ann. § 413.140(1)(j)).
ACCRUAL DATE
The limitation period starts to run:
For conversion of an instrument, on the date of conversion (Tri-
County Nat'l Bank v. Greenpoint Credit, LLC, 190 S.W.3d 360, 363
(Ky. Ct. App. 2006)).
For conversion by a personal representative, on the date of final
settlement of the estate (Mefford v. Swinney, No. 2006-CA-001392-
MR, 2007 WL 2285407, at *4 (Ky. Ct. App. Aug. 10, 2007)).
For recovery of stolen property, on the date the property is found
by its owner (Ky. Rev. Stat. Ann. § 413.140(5)).
For damage to stolen property, on the date of discovery of the
liability (Ky. Rev. Stat. Ann. § 413.140(6)).
EMPLOYMENT MATTERS
8. What is the statute of limitations for employment matters in
your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years for:
Employment discrimination and any other claim under the
Kentucky Civil Rights Act (Ky. Rev. Stat. Ann. § 413.120(2), for
actions on a liability created by statute, when no other time is fixed
by the statute creating the liability; Alcorn v. Gordon, 762 S.W.2d
809, 813 (Ky. Ct. App. 1988)).
Kentucky Wage and Hour Act violations (Ky. Rev. Stat. Ann. §
413.120(2), for actions on a liability created by statute, when
no other time is fixed by the statute creating the liability;
Commonwealth v. Hasken, 265 S.W.3d 215, 227 (Ky. Ct. App. 2007),
superseded on other grounds by statute).
Wrongful discharge (Ky. Rev. Stat. Ann. § 413.120(2), for actions on
a liability created by statute, when no other time is fixed by the
statute creating the liability; Bednarek v. United Food & Commercial
Workers Int'l Union, 780 S.W.2d 630, 632 (Ky. Ct. App. 1989)).
ACCRUAL DATE
The limitation period starts to run when the employee receives notice
of the adverse employment action (Rossi v. Toyota Motor Mfg., Ky., Inc.,
No. 06-111-JMH, 2006 WL 3390426, at *4(E.D. Ky. Nov. 22, 2006)).
ENFORCEMENT OF JUDGMENTS
9. What is the statute of limitations for enforcing a judgment in
your jurisdiction?
3
© 2014 Thomson Reuters. All rights reserved.
Statutes of Limitation: Kentucky
LIMITATIONS PERIOD
The statute of limitations is 15 years (Ky. Rev. Stat. Ann. § 413.090(1)).
ACCRUAL DATE
The limitation period starts to run on the date of the last execution on
the judgment (Ky. Rev. Stat. Ann. § 413.090(1)).
FRAUD
10. What is the statute of limitations for a fraud claim in your
jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120(12)).
ACCRUAL DATE
The limitation period starts to run on the date of the discovery of
the fraud. However, the action must be commenced within ten years
after:
The contract is made.
The perpetration of the fraud.
(Ky. Rev. Stat. Ann. § 413.130(3).)
FRAUDULENT CONCEALMENT
11. What is the statute of limitations for a fraudulent
concealment claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120(12)).
ACCRUAL DATE
The limitation period starts to run on the date of the discovery of the
fraud. However, the action must be commenced within ten years after:
The contract is made.
The perpetration of the fraud.
(Ky. Rev. Stat. Ann. § 413.130(3).)
INSURANCE BAD FAITH
12. What is the statute of limitations for an insurance bad faith
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is:
Not addressed by Kentucky statute or case law, for common law
claims (first-party claims only).
Two years for a Consumer Protection Act claim (first-party claim
only) (Ky. Rev. Stat. Ann. § 367.220(5)).
Five years for an Unfair Claims Settlement Practices Act (UCSPA)
claim (first- and third-party claims) (Ky. Rev. Stat. Ann. § 413.120(2),
for actions on a liability created by statute, when no other time
is fixed by the statute creating the liability). The UCSPA does not
define a limitation period, therefore the statutory default applies.
ACCRUAL DATE
There is no clear Kentucky law on when the statute of limitations
starts to run. Other states allow a claim when there is a denial of
coverage and Kentucky would likely follow this standard. Simpson v.
Travelers Ins. Co. offers some guidance for when an insurance com-
pany fails to pay a judgment but its facts are so unique that its ruling
is not generally applicable (812 S.W.2d 510 (Ky. App. 1991)).
NEGLIGENCE
13. What is the statute of limitations for a negligence claim in
your jurisdiction?
There is no unified statute of limitations for negligence in Kentucky.
The statute of limitations depends on the nature of the following
injuries claimed.
LIMITATIONS PERIOD
The statute of limitations is:
One year for personal injury (Ky. Rev. Stat. Ann. § 413.140(1)(a)).
One year for medical malpractice injury from the time the injury is
first discovered or in the exercise of reasonable care should have
been discovered, provided that the action must be commenced
within five years from the date on which the alleged negligent act or
omission is said to have occurred (Ky. Rev. Stat. Ann. § 413.140(1)(e)).
Two years after the date of injury or the last payment of basic
reparation benefits, or not later than four years after the accident,
whichever is earlier, for personal injury in an auto accident. If
basic or added reparation benefits have been paid for loss arising
otherwise than from death, an action for further benefits, other
than survivor's benefits, by either the same or another claimant,
may be commenced not later than two years after the last
payment of benefits. (Ky. Rev. Stat. Ann. § 304.39-230.)
Five years for an action for personal injuries suffered by any person
against the builder of a home or other improvements (Ky. Rev. Stat.
Ann. § 413.120(14)).
One year for bodily injuries, injuries to property or death arising
out of deficiency of an improvement to real property. However,
no action may be brought after seven years following substantial
completion of the improvement to real property. If bodily injury,
injury to property or death occurs in the seventh year, the action
may still be brought but in no event may an action be brought
more than eight years after substantial completion of the
improvement. (Ky. Rev. Stat. Ann. § 413.135.)
Two years for injury to personal property (Ky. Rev. Stat. Ann. §
413.125).
ACCRUAL DATE
The limitation period starts to run for:
Personal injury, generally, when the injury occurs. The discovery
rule, where the statute of limitations does not accrue until the
plaintiff discovers the injury, is available only in cases where the
fact of injury or offending instrumentality is not immediately
evident or discoverable with the exercise of reasonable diligence,
such as in cases of medical malpractice or latent injuries or
illnesses. (Fluke Corp. v. LeMaster, 306 S.W.3d 55, 60 (Ky. 2010).)
© 2014 Thomson Reuters. All rights reserved.
4
Statutes of Limitation: Kentucky
Medical malpractice injury, when the injury is first discovered or in
the exercise of reasonable care should have been discovered (Ky.
Rev. Stat. Ann. § 413.140(2)).
Personal injury in an auto accident, when the injured person
suffers the loss and either knows or in the exercise of reasonable
diligence should know that the loss was caused by the accident
(Ky. Rev. Stat. Ann. § 304.39-230).
An action for personal injuries suffered by any person against the
builder of a home or other improvements, at the time of original
occupancy of the improvements which the builder made (Ky. Rev.
Stat. Ann. § 413.120(14)).
Bodily injuries, injuries to property or death arising out of
deficiency of an improvement to real property, when the injury
occurs (Ky. Rev. Stat. Ann. § 413.135).
Personal property injury, when the injury to the personal property
occurs (see Am. Premier Ins. Co. v. McBride, 159 S.W.3d 342, 346
(Ky. Ct. App. 2004)).
PRODUCTS LIABILITY
14. What is the statute of limitations for a products liability
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is:
One year for personal injury (Ky. Rev. Stat. Ann. § 413.140(1)(a)).
Two years after the date of injury or the last payment of basic
reparation benefits, or not later than four years after the accident,
whichever is earlier, for personal injury in an auto accident. If basic
or added reparation benefits have been paid for loss arising oth-
erwise than from death, an action for further benefits, other than
survivors benefits, by either the same or another claimant, may
be commenced not later than two years after the last payment of
benefits. (Ky. Rev. Stat. Ann. § 304.39-230.)
ACCRUAL DATE
The limitation period starts to run for:
Personal injury, generally, when the injury occurs. The discovery
rule, where the statute of limitations does not accrue until the
plaintiff discovers the injury, is available only in cases where the
fact of injury or offending instrumentality is not immediately
evident or discoverable with the exercise of reasonable diligence,
such as in cases of medical malpractice or latent injuries or
illnesses. (Fluke Corp., 306 S.W.3d at 60.)
Personal injury in auto accident, when the injured person suffers
the loss and either knows or in the exercise of reasonable diligence
should know that the loss was caused by the accident (Ky. Rev.
Stat. Ann. § 304.39-230).
SHAREHOLDER DERIVATIVE SUITS
15. What is the statute of limitations for a shareholder
derivative suit in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120(2),
for actions on a liability created by statute, when no other time is
fixed by the statute creating the liability).
ACCRUAL DATE
The limitation period starts to run when the transaction complained
of occurred (Ky. Rev. Stat. Ann. § 271B.7-400).
THIRD-PARTY CONTRIBUTION
16. What is the statute of limitations for a third-party
contribution claim in your jurisdiction?
LIMITATIONS PERIOD
Apportionment under Section 411.182 of the Kentucky Revised Stat-
utes has abrogated common law contribution but not the right for
indemnity (see Degener v. Hall Contr. Corp., 27 S.W.3d 775, 780-781 (Ky.
2000); see also Branch Banking & Trust Co. v. Bartley, No. 2004-CA-
002663-MR, 2006 WL 1113632 (Ky. Ct. App. Apr. 28, 2006) (the court
preferred to use the word apportionment instead of contribution).)
The statute of limitations for indemnity is five years (Ky. Rev. Stat. Ann.
§ 413.120(7)).
ACCRUAL DATE
The limitation period starts to run for indemnity when there is a find-
ing of liability to the injured party (Clark v. Hauck Mfg. Co., 910 S.W.2d
247, 253 (Ky. 1995), overruled on other grounds by Martin v. Ohio
County Hosp. Corp., 295 S.W.3d 104 (Ky. 2009) ("Indemnity is not an
issue until fault has been determined. . .There can be no indemnity
without liability.")).
TORTIOUS INTERFERENCE WITH CONTRACT RIGHTS
17. What is the statute of limitations for claim of tortious
interference with contract rights or business relationship in
your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Ky. Rev. Stat. Ann. § 413.120;
Ritchie v. United Mine Workers, 410 F.2d 827, 832 (6th Cir. 1969)).
ACCRUAL DATE
The limitation period starts to run on the date the interference occurs
(see Ritchie, 410 F.2d at 832 (dispute over applicable statute of limita-
tion was calculated from the date the defendants allegedly destroyed
property owned by the plaintiff business)).
TRADE SECRET MISAPPROPRIATION
18. What is the statute of limitations for a trade secret
misappropriation claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is three years (Ky. Rev. Stat. Ann. § 365.890).
ACCRUAL DATE
The limitation period starts to run on the date the misappropriation
is discovered or by the exercise of reasonable diligence should have
been discovered (Ky. Rev. Stat. Ann. § 365.890).
5
Statutes of Limitation: Illinois Statutes of Limitation: Kentucky
10-14
ABOUT PRACTICAL LAW
Practical Law provides legal know-how that gives lawyers a better starting
point. Our expert team of attorney editors creates and maintains thousands of
up-to-date, practical resources across all major practice areas. We go beyond
primary law and traditional legal research to give you the resources needed to
practice more efficiently, improve client service and add more value.
If you are not currently a subscriber, we invite you to take a trial of our online
services at practicallaw.com. For more information or to schedule training,
call 888.529.6397 or e-mail ustraining@practicallaw.com.
© 2014 Thomson Reuters. All rights reserved. Use of Practical Law websites and
services is subject to the Terms of Use (http://us.practicallaw.com/2-383-6690)
and Privacy Policy (http://us.practicallaw.com/8-383-6692).
TRADEMARK INFRINGEMENT
19. What is the statute of limitations for a trademark
infringement claim in your jurisdiction?
LIMITATIONS PERIOD
There is no statute of limitation per se for trademark infringement.
The equitable doctrine of laches applies and the standard is "unrea-
sonable delay to the prejudice of others" (Colston Inv. Co. v. Home
Supply Co., 74 S.W.3d 759, 768-69 (Ky. Ct. App. 2001)).
ACCRUAL DATE
See Limitations Period.
UNFAIR COMPETITION
20. What is the statute of limitations for an unfair competition
claim in your jurisdiction?
LIMITATIONS PERIOD
There is no statute of limitation per se for unfair competition. The
equitable doctrine of laches applies and the standard is "unreason-
able delay to the prejudice of others" (Colston Inv. Co., 74 S.W.3d at
768-69).
ACCRUAL DATE
See Limitations Period.
UNJUST ENRICHMENT
21. What is the statute of limitations for an unjust enrichment
claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is five years (Neurodiagnostics, P.S.C. v.
Modern Radiology, PLLC, Nos. 2009-CA-002413-MR, 2010-CA-
000068-MR, 2010 WL 5018565, at *4-5 (Ky. Ct. App. Dec. 10, 2010)).
ACCRUAL DATE
The limitation period starts to run on the date of discovery of the of-
fending conduct (Neurodiagnostics, P.S.C., 2010 WL 5018565, at *4-5).
WRONGFUL DEATH & SURVIVAL
22. What is the statute of limitations for a wrongful death and
survival claim in your jurisdiction?
LIMITATIONS PERIOD
The statute of limitations is:
One year after appointment of the personal representative. Up
to two years from the date of death if the decedent's personal
representative is appointed after one year from the date of death. (Ky.
Rev. Stat. Ann. § 413.140(1)(a); Ky. Rev. Stat. Ann. § 413.180(2); Conner
v. George W. Whitesides Co., 834 S.W.2d 652, 654-55 (Ky. 1992)
(Section 413.180(2) of the Kentucky Revised Statutes "provides two
years from the date of death to appoint a personal representative
and commence a cause of action for wrongful death.").)
One year after death, for a death resulting from deficient
improvement to real property. However, no action may be
brought after seven years following substantial completion of the
improvement to real property. If the death occurs in the seventh
year, the action may still be brought but in no event may an action
be brought more than eight years after substantial completion of
the improvement. (Ky. Rev. Stat. Ann. § 413.135.)
ACCRUAL DATE
The limitation period starts to run when the personal representative
is appointed (Ky. Rev. Stat. Ann. § 413.180; Conner, 834 S.W.2d at 654-
55).
OTHER COMMERCIAL CAUSES OF ACTION
23. What is the statute of limitations for an account stated
claim in your jurisdiction?
CONSPIRACY
Limitations Period
The statute of limitations is one year (Ky. Rev. Stat. Ann. § 413.140(1)(c)).
Accrual Date
The limitation period starts to run on the date of the last overt act
performed in compliance with the objective of the conspiracy (District
Union, Amalgamated Meat Cutters, etc. v. Fleischaker, 384 S.W.2d 68,
72 (Ky. 1964)).
SPECIAL RULES AND EXCEPTIONS
24. What is the statute of limitations for an account stated
claim in your jurisdiction?
FRAUDULENT CONCEALMENT
Fraudulent concealment by the defendant may toll the statute of
limitations (Newberg v. Hudson, 838 S.W.2d 384, 390 (Ky. 1992)).
PERSONAL REPRESENTATIVE OF AN ESTATE STANDING
A deceased plaintiff's personal representative may bring a claim for
an action mentioned in Sections 413.090 to 413.160 of the Kentucky
Revised Statutes within a year of appointment of the representative
(Ky. Rev. Stat. Ann. § 413.180).
