{"data":{"id":"us-ky/krs-454.455","jurisdiction":"us-ky","citation":"KRS 454.455","heading":"Proof required for damages against tobacco growers and warehousemen --","body":"Costs that may be awarded to prevailing defendant.\n(1) In a civil action against a tobacco grower for damages alleged to have occurred as a\nresult of use or consumption of tobacco products, in order for liability to be found\nagainst a tobacco grower, the plaintiff shall prove by clear and convincing evidence\nthat the tobacco that caused the alleged damage was planted, cultivated, and\nharvested by that specific tobacco grower and not by any other person.\n(2) In a civil action against a warehouseman for damages alleged to have occurred as a\nresult of use or consumption of tobacco products, in order for liability to be found\nagainst a warehouseman, the plaintiff shall prove by clear and  convincing evidence\nthat the tobacco that caused the alleged damage was sold by that specific\nwarehouseman and not by any other person.\n(3) If a suit against a tobacco grower or a warehouseman is dismissed or the defendant\nprevails at trial, the defendant  may be entitled to three (3) times the entire costs of\ndefending the action, including but not limited to legal fees, expert witnesses, and\nother expenses arising from the defense of the action.","path":["KRS Chapter 454"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19618","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:58Z","sha256":"525fe9208659d895c8773ab57a9b41f32e8b3d411893616ec60cca0619005f49","source_id":"us-ky","stale":false,"prev":"us-ky/krs-454.450","next":"us-ky/krs-454.460"},"notice":"GroundRules: Original legal text. Not legal advice."}