Bill

Bill > SB195


KY SB195

KY SB195
AN ACT relating to participants in the legal system.


summary

Introduced
02/12/2026
In Committee
03/27/2026
Crossed Over
03/19/2026
Passed
04/12/2026
Dead
Signed/Enacted/Adopted
04/12/2026

Introduced Session

Potential new amendment
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 introduces several changes to civil law, primarily focusing on procedural requirements and liability protections. It mandates that consumers must provide written notice to a potential defendant 60 days before filing a civil lawsuit, and failure to do so will result in the dismissal of the claim without prejudice, meaning it can be refiled later. The bill also clarifies that evidence of not wearing a seatbelt can only be used to determine fault if it's proven to be a substantial factor in the injury. It limits "unfair claims settlement practices" to insurers and prohibits third-party claimants from bringing such claims, also voiding any assignment of claims against an insurer. For construction projects, the bill establishes a "rebuttable presumption" that a project's acceptance by a contracting entity (like the state or a local government) means the design and construction met specifications, and a contractor or designer is not liable for injuries unless it's proven their error, failure to follow plans, or a hidden defect was a substantial factor in causing harm. It also creates specific pleading requirements for lawsuits against contractors and design professionals, with non-compliance leading to dismissal. Furthermore, the bill requires a written medical opinion before initiating a medical malpractice claim and establishes that a claimant more than 50% responsible for their own injury cannot recover damages. Finally, it makes changes related to the Safe at Home Program, a program that provides victims of certain crimes with a substitute address, by expanding eligibility to include certain legal professionals and clarifying rules regarding signatures on candidate petitions for those in the program.

Committee Categories

Justice

Sponsors (6)

Last Action

became law without Governor's Signature (Acts Ch. 97) (on 04/12/2026)

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