{"data":{"id":"us-ky/krs-355.2a-219","jurisdiction":"us-ky","citation":"KRS 355.2A-219","heading":"Risk of loss.","body":"(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does\nnot pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.\n(2) Subject to the provisions of this article on the effect of default on risk  of loss (KRS\n355.2A-220), if risk of loss is to pass to the lessee and the time of passage is not\nstated, the following rules apply:\n(a) If the lease contract requires or authorizes the goods to be shipped by carrier:\n1. And it does not require delivery a t a particular destination, the risk of\nloss passes to the lessee when the goods are duly delivered to the carrier;\nbut\n2. If it does require delivery at a particular destination and the goods are\nthere duly tendered while in the possession of the carrier, the risk of loss\npasses to the lessee when the goods are there duly so tendered as to\nenable the lessee to take delivery.\n(b) If the goods are held by a bailee to be delivered without being moved, the risk\nof loss passes to the lessee on acknowledgment by  the bailee of the lessee's\nright to possession of the goods.\n(c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee\non the lessee's receipt of the goods if the lessor, or, in the case of a finance\nlease, the supplier, is a  merchant; otherwise the risk passes to the lessee on\ntender of delivery.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33376","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"161c762a2e21d21a7a92d7a2f513e742f39bdb97803a7e461f29ce66d1d073d0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-218","next":"us-ky/krs-355.2a-220"},"notice":"GroundRules: Original legal text. Not legal advice."}