Negligence in Kansas
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Kansas fact pattern
Negligence in kansas.
Statute of limitations
2 years
Kan. Stat. § 60-513
Two years from substantial injury, or from when the injury became reasonably ascertainable.
Repose: 10 years.
- Ten-year outer wall from the act in ordinary injury files. A municipality generally needs a written notice under the KTCA (§ 12-105b) within a much shorter window.