Burn Injury Attorneys in Kansas

Shared fault

Kansas applies modified comparative fault with a 50% bar: recovery is lost once the injured person's fault equals or exceeds the defendant's.

Kan. Stat. Ann. § 60-258a(a)

Damage caps

Kansas has no enforceable cap on non-economic damages. The $250,000 cap was held facially unconstitutional in 2019 as a violation of the right to trial by jury; the statute remains on the books but cannot be applied.

Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019), holding Kan. Stat. Ann. § 60-19a02 unconstitutional

Claims against government

Written notice must be given to a Kansas municipality before suit. The municipality then has 120 days to act, and the claimant has at least 90 days after denial to file.

Kan. Stat. Ann. § 12-105b