KANSAS

Negligence / Personal Injury
2 Years

The following actions shall be brought within two years:
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. Kan. Stat. Ann. § 60-513

Statute of Repose - (b)(1) In claims that involve harm caused more than 10 years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence. Kan. Stat. Ann. § 60-3303

Toxic Tort
2 Years The following actions shall be brought within two years:
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. Kan. Stat. Ann. § 60-513

Tort cause of action for injuries sustained by family as result of long-term exposure to carbon monoxide from house heating system did not accrue until family suffered substantial ascertainable injury, which could not have occurred before family moved into residence in 1981, even though all work on heating system was completed in 1977, and ten-year limitation on extension of two-year limitation when injury is not immediately ascertainable accordingly did not bar prosecution of action filed in 1987. Gilger v. Lee Const., Inc., 249 Kan. 307 (1991).
Statute Of Repose

Construction: There is a general 10-Year Statute of Repose for all tort cases. K.S.A. § 60-513(b).

Products: 10 years or after expiration of useful safe life as described by the Kansas Product Liability Act. K.S.A. § 60- 3303(b)(1).

Wrongful Death
2 Years

(a) The following actions shall be brought within two years:
(5) An action for wrongful death. Kan. Stat. Ann. § 60-513

Medical Malpractice
2 Years  The following actions shall be brought within two years:
(7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract. Kan. Stat. Ann. § 60-513
Products Liability
2 Years

 The following actions shall be brought within two years:
(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. Kan. Stat. Ann. § 60-513

Discovery:

The cause of action accrues until the act giving rise to the cause of action first causes subtantial injury, or if the fact of injury is not reasonably ascertainable until some time after the intial act, then the period of limitation shall not commence until the fact of injruy becomes reasonably ascertainable to the injured party. Id. § 60-513(b).

Under Kansas law, limitations period for personal injury action commences when fact of injury becomes reasonably ascertainable to injured party, not when injured party has knowledge of fact of injury. Burton v. R.J. Reynolds Tobacco Co., 181 F.Supp.2d 1256 (10th Cir. 2002).

Secretary who developed repetitive stress injuries did not file negligence and products liability action against keyboard manufacturers within Kansas' two-year statute of limitations; though she may not have become aware of the possibility that defendants' negligence could have caused her injuries until as late as the year she filed suit, she knew five years earlier that injuries were associated with excessive typing on defendants' keyboards, and statute of limitations commenced running at that time. Benne v. International Business Machines Corp., 87 F.3d 419 ( 10th Cir. 1996). 

Fraud
2 Years The following actions shall be brought within two years:
(3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered. Kan. Stat. Ann. § 60-513

Fraud cause of action accrues at time of actual discovery or when, with reasonable diligence, fraud could have been discovered. Cline v. Southern Star Cent. Gas Pipeline, Inc., 356 F.Supp.2d 1203 (D. Kansas 2005). Mere supsicion not sufficient, injured party needs actual or constructive knowledge. Kansas Wastewater v. Alliant Techsystems, Inc. 257 F. Supp. 2d 1344 (D. Kansas 2003).
Municipal Liability/Sovereign Immunity
Abolished. State liable for damages caused by negligent or wrongful act or omission of government employee acting within scope of employment. Certain immunities remain. Medical malpractice for municipalities same as for private defendant. Government damage capped at $500,000 unless insurance for greater amount. No punitive damages against municipalities.
Discovery Rule
SOL runs from when injury is, or should have been discovered BUT IN NO EVENT MORE THAN 10 YEARS FROM ACT CAUSING THE INJURY.
Comparative Negligence
Adopted
Charitable Immunity
Abolished
Disabilities
1 year from removal of disabilities, maximum 8 years from injury. Infants (18th birthday).
Punitive Damages
Clear and convincing evidence of willful or wanton conduct must be presented. Numerous rules apply to amount of punitive damages which may be awarded. For medical malpractice, specific rules apply to amount permitted and half of punitive damages collected are to be paid to health care stabilization fund. Caps: None
No-Fault Insurance
Applies
Consumer Fraud Complaint

Kansas Office of the Attorney General, Consumer Protection
http://ag.ks.gov/file-a-complaint/consumer-protection

Consumer Line: (785) 296-3751

Toll-free: (800) 432-2310

Fax: (785) 291-3699

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

80 Main Street Suite 265
West Orange, NJ 07052
Phone: 973.323.3603

FLORIDA OFFICE

27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
Phone: 239.390.1000