26RS SB 195

Senate Bill 195

Actions

Last Action	02/12/26: to Committee on Committees (S)
Title	AN ACT relating to civil causes of action.
Bill Documents	Introduced
Bill Request Number	1132
Sponsors	C. Richardson, D. Douglas, G. Elkins, R. Girdler, S. Meredith, G. Williams
Summary of Original Version	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."
Index Headings of Original Version	Civil Actions - Comparative fault, specified finding, recovery bar Civil Actions - Consumer protection, initiating party, notice requirement Civil Actions - Consumer protection, notice requirement, tolling of statute of limitations Civil Actions - Contracting entity, acceptance of project, rebuttable presumption of compliance Civil Actions - Contracting party, notice requirement, failure to comply, remedy Civil Actions - Contractor, notice requirement, failure to comply, remedy Civil Actions - Fault, apportionment, nonparties Civil Actions - Initiating party, contractor, requirement Civil Actions - Initiating party, notice requirement, contracting entity, requirementt Civil Actions - Medical and professional liability, medical opinion, requirementt Civil Actions - Medical and professional liability, notice requirement, failure to comply, remedy Civil Actions - Medical and professional liability, notice requirement, limitations, tolling Civil Actions - Medical and professional liability, pre-litigation notice, requirement Civil Actions - Medical and professional liability, written opinion, failure to comply, remedy Civil Actions - Medical expenses, evidentiary requirement Civil Actions - Third party claim, contractor, requirements Civil Actions - Use of safety restraint, damages, substantial factor requirement Civil Procedure - Apportionment, damages, nonparties Civil Procedure - Initiating party, notice requirement Civil Procedure - Specified damages, required evidence Consumer Protection - Civil action, initiating party, notice requirement Consumer Protection - Civil action, notice requirement, failure to comply, remedy Consumer Protection - Civil action, notice requirement, tolling of statute of limitationst Highways, Streets, And Bridges - Acceptance of project, contracting entity, rebuttable presumption, compliance Highways, Streets, And Bridges - Initiating party, notice requirement, contracting entity Highways, Streets, And Bridges - Initiating party, notice requirement, contractor Insurance - Professional liability, civil action, limited information, establishment Insurance - Unfair claims settlement practice, third party assignment or claim, prohibition Insurance - Unfair claims settlement practice, violation by insurer only Physicians - Medical records, production, costs Physicians - Notice of litigation, initiating party, requirement Property - Utility company, timber removal, damages, good faith protection Rules Of Evidence - Initiating party, notice requirement, contracting entity Rules Of Evidence - Medical expenses, evidentiary requirements Rules Of Evidence - Use of safety restraint, damages, substantial factor requirement