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KANSAS

Negligence / Personal Injury

years from “substantial injury”. SOR: 10 years with Discovery Rule (includes infants).

Wrongful Death

years with Discovery Rule. For all personal injury and wrongful death actions accruing on or after July 1st, 1987 each party is limited to $250,000.

Medical Malpractice

2 years with Discovery Rule. SOR 4 years from date of occurrence.

Caps:
$1,000,000 for all claims against defendants in actions accruing between July 1st, 1986 and June 20th, 1988, unconstitutional. For medical malpractice actions accruing on or after July 1st, 1986 party is limited to $250,000. Also, in medical malpractice actions accruing between July 1st, 1985 and June 30th, 1988, punitives may not exceed lesser of $3,000,000 or 25% of defendant’s highest annual gross income during five years before wrongful act. One-half of punitive damages collected to be paid to health care stabilization fund and one-half to plaintiff.

Malpractice (Other Professions)

years

Products Liability

2 years after “substantial injury” if the theory is negligence, within 2 years of “injury” if based on strict liability, with Discovery Rule.
SOR: 10 years with useful safe life rule.

Exceptions:
Does not apply if the product seller intentionally misrepresented facts about its product, or fraudulently conceals information about it.
Does not apply if the the harm was caused by prolonged exposure to defective product and the injury-causing aspect of the product was not discoverable by reasonably diligent person until more than 10 years after delivery of product.

Intentional Torts

year

Fraud

years.  Cause of action is not deemed to have accrued until fraud is discovered.

Municipal Liability/Sovereign Immunity

2 years in which to file notice of claim. SOL is 2 years but municipality involved or agency has 120 days to deny.  Subject to several statutory exceptions. 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.

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://www.ksag.org/content/page/id/39
(785)296-3751
(785)291-3699 (Fax)
(800) 432-2310 (toll-free in Kansas)