> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Damages Allocation in Kansas

In Kansas, damages in a comparative fault case are allocated among all parties in proportion to their percentage of fault under Kan. Stat. Ann. § 60-258a. This statute governs the apportionment of liability when multiple parties contribute to an injury. The trier of fact determines each party’s share of fault, and the court reduces the total damages by the percentage assigned to the claimant. Any remaining damages are then assessed against each defendant according to their own fault share. The statute also provides for joint liability under certain conditions. The worked example below demonstrates how the allocation operates with a verified figure from the statute. For a result tailored to your circumstances, use the DocketMath calculator to compute the allocation.

## Governing authority

In Kansas, the damages allocation rule is set by **Kan. Stat. Ann. § 60-258a**. The verified packet cites Kan. Stat. Ann. § 60-258a (https://ksrevisor.org/statutes/chapters/ch60/058a.html).

**Kansas damages allocation:** governed by **Kan. Stat. Ann. § 60-258a**. The verified packet cites Kan. Stat. Ann. § 60-258a (https://ksrevisor.org/statutes/chapters/ch60/058a.html).

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


In Kansas, damages in a comparative fault case are allocated among all parties in proportion to their percentage of fault under Kan. Stat. Ann. § 60-258a. Thi

Damages Allocation in Kansas

60-258a. Comparative negligence. (a) Effect of contributory negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.
(b) Special verdicts or findings required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment.
(c) Joining additional parties. On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to the death, personal injury, property damage or economic loss, must be joined as an additional party.
(d) Apportioning liability. When the comparative negligence of the parties is an issue and recovery is permitted against more than one party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted.
(e) Applicability. This section is applicable to actions under this chapter and to actions commenced under the code of civil procedure for limited actions.

On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to such death, personal injury, property damage or economic loss shall be joined as an additional party.

The contributory negligence of any party in a civil action shall not bar such party or said party's legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if such party's negligence was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any party in such action shall be diminished in proportion to the amount of negligence attributed to such party.

Kansas damages allocation should use the civil comparative-negligence authority in K.S.A. 60-258a, not K.S.A. 21-6701 criminal/offense or default statute-of-limitations framing.

Damages Allocation in Kansas

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Authority and key facts

Damages Allocation in Kansas

Governing authority