summary
Introduced
02/12/2026
02/12/2026
In Committee
02/12/2026
02/12/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Amend KRS 367.220 to require written notice from a consumer to a prospective defendant 60 days before initiating a civil action; require giving of notice to toll the statute of limitations; make failure to give notice result in dismissal of a filed claim without prejudice; amend KRS 189.125 to declare failure to wear a safety restraint or wear a restraint properly to be admissible as it may relate to fault only upon a showing that the failure was a substantial factor in any injury claimed; amend KRS 304.12-230 to limit the committing of unfair claims settlement practices to insurers; prohibit that a claim from being brought by a third-party claimant; require any assignment of a claim against an insurer to be void; create a new section of Subtitle 40 of KRS Chapter 304 to establish limitations on information and testimony regarding professional liability insurance in a civil action; amend KRS 364.130 to define terms; establish liability protections for a utility that removes timber of a property owner when done with permission or in good faith and establish damages for violations; create new sections of KRS Chapter 411 to define terms; require acceptance of a project by a contracting entity to create a rebuttable presumption of compliance with specifications and not to give rise to a finding of liability except under specified circumstances; establish requirements for the initiating pleading against a contracting entity or contractor and allow failure to comply to result in a dismissal of the action; establish requirements for a claim against a contractor by a noncontractual third party; create a new section of KRS Chapter 411 to establish prelitigation notice of a potential claim for medical malpractice or health care liability claims; establish method of providing required notice and the effect of compliance on the applicable statute of limitations; amend KRS 411.167 to require a written medical opinion before commencement of an action under the statute; establish an award of costs and fees upon a finding of noncompliance; amend KRS 411.182 to prohibit a claimant who is more than 50% responsible for the injury or damages claimed from being entitled to recovery; establish evidentiary basis for award of medical expenses; establish apportionment provisions for a nonparty or party entitled to immunity; amend KRS 413.140 to establish notice requirement prior to initiating cause of action for personal injury; amend KRS 422.317 to set costs associated with request for medical records; amend KRS 304.45-110 to conform; repeal KRS 304.12-220, relating to the definition of "person."
AI Summary
This bill makes several changes to civil law, including requiring consumers to provide written notice to a potential defendant 60 days before filing a lawsuit for certain consumer protection claims, and failure to do so will result in the dismissal of the case without prejudice, while also tolling the statute of limitations during that notice period. It also modifies rules regarding the admissibility of evidence related to seat belt use in civil cases, limiting it only if the failure to wear a seat belt was a substantial factor in the injury, and clarifies that unfair claims settlement practices are limited to insurers and cannot be brought by third-party claimants, with any assignment of such claims against an insurer being void. The bill also introduces new provisions for construction projects, establishing a rebuttable presumption of compliance with specifications upon project acceptance and outlining specific requirements for initiating lawsuits against contracting entities or contractors, including dismissal for non-compliance, and creates new requirements for pre-litigation notice for medical malpractice claims, including specific content for the notice and how it must be delivered, with compliance affecting the statute of limitations. Additionally, it amends laws concerning liability for cutting timber, providing protections for utilities acting in good faith, and modifies rules for determining fault and damages in tort actions, including a provision that a claimant more than 50% responsible for their injury cannot recover damages, and establishes rules for the evidentiary basis of medical expenses and apportionment of fault to non-parties. Finally, it sets a notice requirement before initiating a personal injury action and adjusts costs associated with requesting medical records.
Sponsors (6)
Craig Richardson (R)*,
Don Douglas (R),
Greg Elkins (R),
Rick Girdler (R),
Stephen Meredith (R),
Gex Williams (R),
Last Action
to Committee on Committees (S) (on 02/12/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/26RS/sb195.html |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb195/orig_bill.pdf |
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