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| KANSAS |
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Negligence / Personal Injury
2 Years from “substantial injury” (10 year maximum) with Discovery Rule
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
Wrongful Death
2 Years2 Years with Discovery Rule
Medical Malpractice
2 Years2 years with Discovery Rule, but never more than 4 years from date of occurrence.
Tort Actions
10 Years10 years including injury to minors
Intentional Torts
1 Year1 year
Fraud
2 Years 2 years. Cause of action is not deemed to have accrued until fraud is discovered.
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.
Disabilities
1 year from removal of disabilities, maximum 8 years from injury. Infants (18th birthday).
Charitable Immunity
Abolished.
Comparative Negligence
Adopted.
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.
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
Consumer Fraud Complaint
Kansas Office of the Attorney General, Consumer Protection
(785)296-2215
(800)432-2310 (toll-free in Kansas) |
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