A Claim Against the Government
KRS 411.110 — ninety days' notice to a city for a defect in a street, one year to file a claim against the state with the Board of Claims, and a county's immunity, which the local government claims act keeps
No action may be maintained against a Kentucky city for an injury growing out of a defect in the condition of a bridge, street, sidewalk, alley or other public thoroughfare unless notice has been given to the mayor, the city clerk or the clerk of the board of aldermen.
Who handles this in Kentucky: Kentucky Lawyer Referral Service; and legal aid programs and the state offices, listed in the Kentucky directory.
- The notice is filed within ninety days of the occurrence for which damage is claimed.
- It states the time of the injury and the place where it was received, and the character and circumstances of the injury.
- It states that the person injured will claim damages from the city.
- It is given in the manner the Rules of Civil Procedure provide for the service of notice in actions.
Damage to a person or property caused by the negligence of the Commonwealth, its cabinets, departments, bureaus or agencies, or its officers, agents or employees acting within the scope of their employment, is heard and compensated by the Board of Claims, whose jurisdiction is exclusive.
| The claim | Filed with the board within |
|---|---|
| The claimDamage to property | Filed with the board withinOne year from the negligent act |
| The claimPersonal injury | Filed with the board withinOne year from when the injury was first discovered or reasonably should have been, and never more than two years after the act |
| The claimMedical malpractice | Filed with the board withinOne year from discovery, and never more than three years after the act |
The award has a ceiling. A single claim or award may not exceed $250,000, exclusive of interest and costs. Where one negligent act gives rise to several claims, the total may not exceed $400,000, divided among the claimants.
The Commonwealth is not liable for collateral or dependent claims that rest on a loss to someone other than the claimant, or for damages for mental distress or pain and suffering.
Neither rule above names a county: KRS 411.110 speaks of a city, and the Board of Claims hears claims against the Commonwealth and its agencies. The Claims Against Local Governments Act does: a local government there is any city, any county government or fiscal court, and any special district or special taxing district a local government creates or controls.
The act governs every action in tort against a local government for death, personal injury or property damage caused by a defect or hazardous condition in public property, or by an act or omission of an employee within the scope of the employee's employment.
A county keeps its immunity. The act says that nothing in it eliminates or abrogates the defense of governmental immunity for county governments, and that the law already made, by statute and by the courts, on tort actions against local governments continues in force.
When an employee of a local government is sued in tort for an act or omission within the scope of employment, and gives the local government written notice within ten days of being served, the local government provides an attorney it chooses and pays a judgment or settlement. It may refuse to pay, or recover what it paid, where the employee acted from fraud, malice or corruption, acted outside the scope of employment, did not help with the defense, or settled or hired private counsel without its approval.
Whether a body is a city, a county or an agency of the Commonwealth, whether an immunity applies to a claim, and whether notice or a claim was filed in time are questions for a licensed Kentucky attorney.
Sources for this section (7)
- KRS 411.110 — Action against city for injury from defect in thoroughfare -- Service of notice
- KRS 49.020 — Membership and duties of Board of Tax Appeals, Crime Victims Compensation Board, and Board of Claims -- Required training
- KRS 49.040 — Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached
- KRS 49.120 — When claims must be presented
- KRS 65.200 — Definitions for KRS 65.2001 to 65.2006
- KRS 65.2001 — Application and construction of KRS 65.2002 to 65.2006
- KRS 65.2005 — Defense of employee by local government -- Liability of employee
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.