365.350 Actions for violations or threatened violations -- Remedies -- Actual
195 words·~1 min read·
/ky/365-350A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
damages need not be alleged or proved -- Costs.
(1)The department, or any person injured by any violation, or who may suffer injury
from any threatened violation of KRS 365.260 to 365.380, may maintain an action
in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation or
threatened violation. If a violation or threatened violation of KRS 365.260 to
365.380 shall be established, the court shall enjoin and restrain, or otherwise
prohibit, the violations or threatened violation. In addition, the court shall assess in
favor of the plaintiff and against the defendant the cost of the suit, including
reasonable attorney's fees. It shall not be necessary that actual damages to the
plaintiff be alleged or proved, but if alleged and proved, the plaintiff in the action,
in addition to injunctive relief, the costs of the suit, and reasonable attorney's fees,
shall be entitled to recover from the defendant the actual damages sustained by him.
(2)If no injunctive relief is sought or required, any person injured by a violation of
KRS 365.260 to 365.380 may maintain an action for damages and the costs of suit
in any court of general jurisdiction.