(1) Every action in tort against any local government in this Commonwealth for death, personal injury or property damages proximately caused by:
(a) Any defect or hazardous condition in public lands, buildings or other public property, including personalty;

Terms Used In Kentucky Statutes 65.2001

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(b) Any act or omission of any employee, while acting within the scope of his employment or duties; or
(c) Any act or omission of a person other than an employee for which the local government is or may be liable
shall be subject to the provisions of KRS § 65.2002 to KRS § 65.2006.
(2) Except as otherwise specifically provided in KRS § 65.2002 to KRS § 65.2006, all enacted and case-made law, substantive or procedural, concerning actions in tort against local governments shall continue in force. No provision of KRS § 65.2002 to KRS § 65.2006 shall in any way be construed to expand the existing common law concerning municipal tort liability as of July 15, 1988, nor eliminate or abrogate the defense of governmental immunity for county governments.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 16, effective July 15, 1988.