NOTE: Due to the COVID-19 pandemic, the Kansas Supreme Court suspended all statutes of limitations beginning on March 18, 2020.

Most time requirements are slated to be reinstated in August, though some may remain suspended longer. In addition, medical providers have been granted immunity from malpractice claims based on their response to this public health emergency.

What Is the Statute of Limitations in Kansas?

For many types of civil claims, the statute of limitations in Kansas is two years. However, these deadlines can vary widely depending on the type of case.

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)

Statutes of Repose: Construction and Product Defects

• Construction: Ten years (K.S.A. § 60-513(b))
• Products: Ten 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)

What Is the Kansas Medical Malpractice Statute of Limitations?

The Kansas statute of limitations on medical malpractice claims gives plaintiffs two years to take legal action. The discovery rule applies, meaning that the two-year window may begin when the injury is discovered.

“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)

How Does the Kansas Statute of Limitations on Medical Malpractice Differ From Other States?

Like Missouri, Illinois, and many other states, the Kansas medical malpractice statute of limitations is two years. However, some states allow as little as a year or as long as seven years for such claims to be filed.

What Is the Statute of Limitations for Legal Malpractice in Kansas?

The Kansas statute of limitations for legal malpractice is two years.

Product 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)

What Is the Kansas Product Liability Act?

The Kansas Product Liability Act is a law put in place to help define when manufacturers can be held legally responsible for harm to a consumer caused by a product’s design or manufacturing flaw.

Discovery Rule

The cause of action shall not accrue “until the act giving rise to the cause of action first causes substantial injury, or if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party.” (K.S.A. § 60-513(b))

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

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)

The statute of limitations on a fraud case begins to run when the fraud is discovered or when, with reasonable diligence, the fraud could have been discovered. (Cline v. Southern Star Cent. Gas Pipeline Inc., 356 F.Supp.2d 1203 (D. Kansas 2005))

Municipal Liability/Sovereign Immunity

The state of Kansas is liable for damages caused by a negligent or wrongful act or omission of a government employee acting within the scope of their employment. Certain immunities remain. Medical malpractice statutes pertaining to municipalities are the same as for private defendants. Government damages are capped at $500,000 unless insurance covers a greater amount. No punitive damages may be assessed against municipalities.

How Do I Sue the State of Kansas?

In order to bring legal action against the Kansas state government, you must file a notice of claim with the Joint Committee on Special Claims Against the State.

Discovery Rule

The statute of limitations for most personal injury claims runs from when the injury is or should have been discovered, but in no event may a claim be filed more than ten years from the act causing the injury.

Comparative Negligence

Kansas follows the doctrine of comparative negligence when determining damage awards.

Charitable Immunity

Kansas does not offer immunity from prosecution to charitable organizations.

Legal Disabilities

Statutes of limitations may be tolled until one year after a legal disability is removed or until a maximum of eight years after the injury. For child plaintiffs, removal of this legal disability comes on their 18th birthday.

Punitive Damages

Clear and convincing evidence of willful or wanton conduct must be presented for punitive damages to be awarded. Numerous rules apply to the amount of punitive damages that may be awarded. For medical malpractice, specific rules apply to the amount permitted, and half of the punitive damages collected are to be paid into the Health Care Stabilization Fund.

No-Fault Insurance

Kansas is a no-fault state.

Frequently Asked Questions About Kansas Statutes of Limitations