Kentucky Statutes of Limitations

About a Statute of Limitations

A statute of limitations is “a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim the periods vary by state… If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred)… In some instances a statute of limitations can be extended (“tolled”) based on delay in discovery of the injury or on the reasonable reliance on a trusted person…” Source: Law.com dictionary.

Important: This page is a general overview of common Kentucky limitations periods for educational purposes only. It is not legal advice. Accrual rules, discovery rules, tolling, repose periods, and claim-specific statutes can change the deadline that applies to a particular case. Contact an attorney promptly if you believe you may have a claim.

The Kentucky civil statutes of limitations are found primarily in KRS Chapter 413: Limitation of Actions. An action is said to commence on the date of the first summons or process issued in good faith from the court having jurisdiction over the suit. KRS 413.250. A statute of limitations may be extended if the plaintiff was a minor or under a disability at the time the cause of action accrued. Upon turning 18 or removing the disability, the plaintiff must bring suit within the appropriate statute of limitations period. KRS 413.170(1). A statute of limitations may also be extended if the defendant was a Kentucky resident who was absent from the state or hiding to avoid suit during the relevant period. Upon returning to Kentucky or becoming findable, the statute of limitations period will once again run. KRS 413.190.

The Kentucky criminal statutes of limitations are found in KRS 500.050. A prosecutor may bring charges for felonies at any time: there is no statute of limitations for a felony. However, a misdemeanor may only be prosecuted within one year after it was committed. For a misdemeanor sex offense when the victim was a minor at the time of the offense, prosecution must be commenced within ten years after the victim turns 18. KRS 500.050.

The following is a list of statutes of limitations for common types of civil actions. It does not include every possible claim. For some actions, additional statutory rules or case law define the appropriate limitations period with more specificity. This page was last substantively updated in October 2026 based on the Kentucky Revised Statutes then in effect.

Actions Which Must Be Brought Within 1 Year

  • Personal Injury: action for personal injury to the plaintiff or the plaintiff’s spouse, child, ward, apprentice, or servant. KRS 413.140(1)(a)
  • Personal Injury by a Corporation: action for injuries to persons, cattle, or other livestock by railroads or other corporations (other than hospitals licensed under KRS Chapter 216). KRS 413.140(1)(b)
  • Medical Negligence or Malpractice: action against a physician, surgeon, dentist, or hospital licensed under KRS Chapter 216 for negligence or malpractice. The claim accrues when the injury is first discovered or should have been discovered with reasonable care, but the action must be commenced within five years of the alleged negligent act or omission. KRS 413.140(1)(e), (2)
  • Professional Malpractice: action for damages based on contract or tort arising out of any act or omission in rendering or failing to render professional services for others, generally from the date of the occurrence or the date the injury should have reasonably been discovered. KRS 413.245
  • Against a Real Estate Appraiser, Broker, or Sales Associate: civil action arising out of professional services, whether in tort or contract, against a certified or licensed real property appraiser or a licensed real estate broker or sales associate. Accrues within one year of the occurrence or when the cause of action was or reasonably should have been discovered. KRS 413.140(1)(f), (3)
  • Against a Licensed Home Inspector: action to recover damages based on contract or tort against a licensed home inspector based on the date the claimant knew or should have known of a deficient inspection and resulting damages. KRS 413.246
  • Against a Licensed Land Surveyor: action for damages arising out of a deficiency, defect, omission, error, or miscalculation in any survey or plat, whether in tort or contract. Accrues within one year of the occurrence or when the cause of action was or reasonably should have been discovered. KRS 413.140(1)(l), (3)
  • Libel or Slander: action for libel or slander. KRS 413.140(1)(d)
  • Malicious Prosecution: action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage. KRS 413.140(1)(c)
  • Recovery of Stolen Property: action to recover stolen property by the owner against any person having possession; accrues when the property is found by its owner. KRS 413.140(1)(i), (5)
  • Damages or Value of Stolen Property: action to recover damages or the value of stolen property against the thief or an accessory; accrues upon discovery of the liability. KRS 413.140(1)(j), (6)
  • Action by a Personal Representative: any action that an individual who dies before the expiration of the limitations period could have brought (where the cause of action survives) may be brought by the personal representative within one year after qualification of the representative. KRS 413.180(1)

Actions Which Must Be Brought Within 2 Years

  • Motor Vehicle Tort Claims (No-Fault): generally no more than two years after the injury, death, or the last basic or added reparation payment made by the obligor, whichever occurs last. Separate rules apply to certain reparation-benefit claims, which generally must be commenced within two years after the injured person suffers the loss and knows or should know it was caused by the accident, or not later than four years after the accident, whichever is earlier. KRS 304.39-230
  • Damages to or Recovery of Personal Property: action for the taking, detaining, or injuring of personal property, including an action for specific recovery. KRS 413.125
  • Kentucky Consumer Protection Act: private action for a violation of KRS 367.170 generally must be brought within two years after the violation or, if the Attorney General commenced an action, within two years after that action terminates. KRS 367.220(5)

Actions Which Must Be Brought Within 3 Years

  • Trade Secret Misappropriation: action for misappropriation of a trade secret; accrues when the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. KRS 365.890
  • Conversion of a Negotiable Instrument: action for conversion of an instrument, for money had and received, or similar action based on conversion, under the Uniform Commercial Code. KRS 355.3-118(7)

Actions Which Must Be Brought Within 4 Years

  • Contract for Sale of Goods (UCC): action for breach of a contract for sale, including warranty claims for goods. KRS 355.2-725(1)

Actions Which Must Be Brought Within 5 Years

  • Oral/Unwritten Contract: action upon a contract not in writing, express or implied. KRS 413.120(1)
  • Merchant’s Account / Account Stated: action upon a merchant’s account for goods sold and delivered, or upon an account concerning the trade of merchandise between merchant and merchant or their agents. Accrual rules for these accounts are governed by KRS 413.130. KRS 413.120(9), (10)
  • Check, Endorsement, Promissory Note: action upon a bill of exchange, check, draft, order, any endorsement thereof, or promissory note placed upon the footing of a bill of exchange. KRS 413.120(7)
  • Fraud or Mistake: action for relief or damages on the ground of fraud or mistake. The period generally runs from discovery of the fraud, but the action must be commenced within ten years after the contract was made or the fraud was perpetrated. KRS 413.120(11); KRS 413.130(3)
  • Injury to Rights Not Otherwise Enumerated: action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated (often applied to certain fiduciary and similar claims). KRS 413.120(6)
  • Liability Created by Statute: action upon a liability created by statute, when no other time is fixed by the statute creating the liability (including many Kentucky Civil Rights Act employment claims and Unfair Claims Settlement Practices Act claims where no shorter period is specified). KRS 413.120(2)
  • Penalty or Forfeiture: action for a penalty or forfeiture when no time is fixed by the statute prescribing it. KRS 413.120(3)
  • Personal Injury Caused by Home Construction: action for personal injuries against the builder of a home or other improvements; accrues at the time of original occupancy of the improvements the builder caused to be erected. KRS 413.120(13)
  • Redeem Personal Property: action by a mortgagor to redeem personal property from a mortgagee in continued adverse possession. KRS 413.080
  • Trespass to Real or Personal Property: action for trespass on real or personal property. KRS 413.120(4)
  • Withholding Real or Personal Property: action for the profits of or damages for withholding real or personal property. KRS 413.120(5)
  • Products Liability Presumption (not a limitations period): there is a rebuttable presumption that the product was not defective if the injury, death, or property damage occurred either more than five years after the date of sale to the first consumer or more than eight years after the date of manufacture. This is an evidentiary presumption, not itself a statute of limitations. KRS 411.310(1)

Actions Which Must Be Brought Within 7 Years

  • Against a Surety: action against a surety under any judgment or decree, bond given in a judicial proceeding, or under a contractual obligation (subject to related surety statutes). KRS 413.220
  • Construction Deficiency Statute of Repose: no action to recover damages arising out of any deficiency in the construction components, design, planning, supervision, inspection, or construction of any improvement to real property—or for injury to property, personal injury, or wrongful death arising out of such a deficiency—may be brought more than seven years after substantial completion of the improvement. If the injury occurs in the seventh year, the action may be brought within one year of the injury, but in no event more than eight years after substantial completion. This repose period does not extend any shorter limitations period that otherwise applies. KRS 413.135
  • Eject Adverse Possessor: action to eject or recover title from an adverse possessor through proof of lawful or record title and occupancy. KRS 413.060(1)

Actions Which Must Be Brought Within 10 Years

  • Written Contract Executed After July 15, 2014: action upon a written contract executed after July 15, 2014 (unless another statute provides otherwise). KRS 413.160
  • Default / Catch-All Rule: an action for relief not provided for by statute can only be commenced within ten years after the cause of action accrued. KRS 413.160
  • Childhood Sexual Assault or Abuse: civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse must be brought within ten years after the victim turns 18. The period applies to claims against the alleged perpetrator and to certain claims against an entity that owed a duty of care to the plaintiff. Separate revival rules may apply to some previously barred claims; consult counsel promptly. KRS 413.249

Actions Which Must Be Brought Within 15 Years

  • Written Contract Executed On or Before July 15, 2014: action upon a recognizance, bond, or written contract executed on or before July 15, 2014. Written contracts executed after that date are governed by the ten-year period in KRS 413.160. KRS 413.090(2)
  • Enforcement of Judgment: action upon a judgment or decree of any court of Kentucky, another state, or the United States, computed from the date of the last execution thereon. KRS 413.090(1)
  • Recover Real Property: action for recovery of real property. KRS 413.010
  • Redeem Real Property: action by a mortgagor to redeem real property from a mortgagee in continued adverse possession. KRS 413.070
  • Unpaid Child Support: action to recover unpaid child support arrearages in one cumulative action; the time to commence is tolled until current child-support obligations cease as to the last child covered by the order. KRS 413.090(5)

Need help determining which deadline applies to your situation? Contact Wolfe & Houlehan at (859) 444-4695 or through our contact page.