Public-domain · open source
OpenJurist

KRS 411.310

Presumptions in product liability actions

Applied in 33 court decisions — leading case Morales v. American Honda Motor Co. (1998)

Most recently applied in Stephen Scanlan v. Sunbeam Products (May 2017)

Effective: June 17, 1978 History: Created 1978 Ky

How often courts cite this section

1982199020002010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the subject product was not defective if the injury, death or property damage occurred either more than five (5) years after the date of sale to the first consumer or more than eight (8) years after the date of manufacture.

(2) In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared, and the product was manufactured.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.