Graham v. City of Hopkinsville, Civil Action No. 5:12-cv-23, 2013 U.S. Dist. LEXIS 69007 at *33 (W.D. Ky. May 15, 2013) (quoting Stringer v. WalMart Stores, Inc., 151 S.W.3d 781, 800 (Ky. 2004)).
Neither party addressed whether a criminal statute can provide civil liability under Kentucky law. Generally, "civil remedies for violations of state criminal statutes are . . . available in Kentucky through . . . [KRS] 446.070 . . . ." Graham v. City of Hopkinsville, No. 5:12-CV-23, 2013 WL 2120847, at *11 (W.D. Ky. May 15, 2013). That statute provides that "[a] person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation."
Generally, "civil remedies for violations of state criminal statutes are . . . available in Kentucky through [KRS] § 446.070." Graham v. City of Hopkinsville, Ky., No. 5:12-CV-23, 2013 WL 2120847, at *11 (W.D. Ky. May 15, 2013). Though this statute originally codified negligence per se, "[i]f a [Kentucky] statute prohibits specific conduct, but fails to specify a remedy, we may look only to [§] 446.070 to provide it."