Kansas

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (KANSAS)

Personal Injury - 2 yrs.* [K.S.A. 60-513]

Wrongful Death - 2 yrs.* [K.S.A. 60-513]

Med Mal - 2 yrs.(discovery rule applies, but must sue within 4 yrs. from act/omission) [2 yrs. K.S.A. 60-513]

Trespass On Real Estate - 2 yrs.* [K.S.A. 60-513]

Property Damage - 2 yrs.* [K.S.A. 60-513]

Product Liability Actions involving Death, Personal Injury or Property Damage - 2 yrs. [K.S.A. 60-513; Grey v. Bradford-White Corp., 581 F.Supp. 725 (D. Kan. 1984)]

Written Contracts - 5 yrs. [K.S.A. 60-511]

Oral Contracts - 3 yrs. [K.S.A. 60-512]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [K.S.A 84-2-725]

 

*From the time the fact of injury becomes reasonably ascertainable to the injured party, but 10-yr. statue of repose applies [K.S.A. 60-513]

 

Statutes of Repose (KANSAS)

Personal Injury, Property Damage, Wrongful Death - 10 yrs. [K.S.A. 60-513]

Products - No liability if Defendant proves by preponderance of evidence that harm was caused after product’s “useful safe life” had expired. In claims that involve harm caused more than 10 yrs. 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. [K.S.A. 60-3303]

Construction of Real Property - None (except for the general 10-yr. statute of repose for tort actions pursuant to K.S.A. 60-513 discussed above)

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (KANSAS)

Against Municipality - Notice 120 days before filing suit; cannot sue unless the claim has been denied; ordinary statutes of limitations apply [K.S.A. 12-105b].  Same rules apply to State [Christopher v. State ex rel. Kansas Juvenile Justice Authority, 143 P.3d 685 (Kan. App. 2006)] and Counties [Zeferjohn v. Shawnee County Sheriff's Dept., 988 P.2d 263 (Kan. App. 1999)]

Comparative Negligence (KANSAS)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [K.S.A. 60-258a]

 

Made Whole Doctrine (MWD) (KANSAS)

Recognized, but can modified by express agreement.

In assessing damages, it is within discretion of trial court to apply equitable standards in order that Plaintiff may be made whole [Gillespie v. Seymour, 823 P.2d 782 (Kan. 1991)].  Where a loss by fire exceeded Tortfeasor’s amount of insurance, Insured (and not Insurer) was the proper party to recover damages from Tortfeasor [Shawnee Fire Ins. Co. v. Cosgrove, 116 P. 819 (Kan. 1911)]. 

However, health Insurer was entitled to reimbursement for medical benefits, even though settlement was for less than amount Insured sought to recover from Tortfeasor, where Insurer’s right of subrogation was by express agreement with Insured, and settlement exceeded amount of medical expenses incurred [Unified School Dist. No. 259 v. Sloan, 871 P.2d 861 (Kan. App. 1994)]

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (KANSAS)

ELD applies to both consumer and commercial buyers of defective products [Northwest Arkansas Masonry, Inc. v. Summit Specialty Products, Inc., 31 P.3d 982 (Kan. App. 2001)].  Damage by a defective component of an integrated system to either the system as a whole or other system components is not damage to “other property”  [Northwest Arkansas Masonry, Inc. v. Summit Specialty Products, Inc., 31 P.3d 982 (Kan. App. 2001)].

However, ELD does not apply to negligent misrepresentation claims because the duty underlying such claims arises by operation of law [Rinehart v. Morton Bldgs., Inc., 305 P.3d 622 (Kan. 2013)]. 

Further, ELD did not bar claims by homeowners seeking to recover economic damages resulting from negligently performed residential construction services (because service contracts lack the warranty protections afforded to goods, and because contracts governing residential construction rarely involve sophisticated parties with equal bargaining positions) [David v. Hett, 270 P.3d 1102 (Kan. 2011)]

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (KANSAS)

If a professional malpractice liability action is filed and one of the parties to the action requests that a professional malpractice screening panel be convened, the judge of the district court shall convene a professional malpractice screening panel.  [K.S.A. 60-3502; 65-4901]

Landlord/Tenant Subrogation (KANSAS)

Subrogation allowed (in the absence of a lease agreement to the contrary).  Note: under lease agreement providing that Lessor would purchase fire insurance and that Lessee would maintain premises in good repair “damage by fire or other casualty being expressly excepted,” Lessor's obligation to insure the premises inured to benefit of both parties [New Hampshire Ins. Co. v. Fox Midwest Theatres, Inc., 457 P.2d 133 (Kan. 1969)]

Reimbursement of Deductible(s) (KANSAS)

No law available.

MedPay and PIP (KANSAS)

MedPay - No subrogation allowed and/or no such coverage available. 

PIP - Subrogation allowed.  In the event of recovery from Tortfeasor by insured, Insurer is subrogated to the extent of duplicative PIP benefits and has a lien against such recovery and may intervene to protect and enforce such lien.  If Insured fails to commence an action against Tortfeasor within 18 mos., such failure operates as an assignment to Insurer of Insured’s causes of action.  Insurer’s right of subrogation is reduced by the percentage of comparative negligence attributable Insured.  Court shall fix atty fees which shall be paid proportionately by Insurer and Insured.  [K.S.A. 40-3113a]

Liability of Parents (KANSAS)

$5,000 (+ court costs) for malicious and willful acts (unlimited liability if parental neglect is found) [K.S.A. 38-120].  Every vehicle owner causing or knowingly permitting a minor under 16 to drive such vehicle is jointly and severally liable with such minor for any damages caused [K.S.A. 8-222].

Joint Liability (KANSAS)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability) [K.S.A. 60-258a]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (KANSAS)

Absent an independent tort, contract, agreement, voluntary assumption of duty, or special relationship of the parties, the tort of intentional spoliation would not be recognized [Koplin v. Rosel Well Perforators, Inc., 734 P.2d 1177 (Ks. 1987)].  Tort of spoliation would be recognized under Kansas law under some circumstances [Foster v. Lawrence Memorial Hosp., 809 F.Supp. 831 (D. Ks. 1992)]

 

 

Conflicts of Law (KANSAS)

Torts - Kansas will apply the law of the state where the wrong occurred (the place where the injury was sustained).  Contracts - Kansas will apply the law of the state where the contract was made (although in some instances the courts look to the place of performance). [Dragon v. Vanguard Industries, Inc., 89 P.3d 90 (Kan. 2004)]