411.010 Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages

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KY Code › Title XXXVI › Chapter 411 › Section 411.010

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

411.010 Action for assault -- Battery -- Provocation as a defense or in mitigation of

punitive damages.

In any civil action for damages inflicted by an assault or by an assault and battery, the

defendant may plead as a defense to the claim for punitive damages, and introduce in

evidence in mitigation of punitive damages, any matter of provocation that preceded the

assault or battery, if the provocation prompted the assault or battery and was of a nature

to cause a person of ordinary prudence and judgment to take the action taken by the

defendant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.