Kansas · Comparative Negligence

Kansas Comparative Negligence Rule

Kansas follows a modified 50% bar rule under Kan. Stat. Ann. § 60-258a. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Kansas

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Kansas

Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is equal to or greater than the combined fault of defendants. Recovery requires the plaintiff to be less than 50% at fault.

Related: Kansas statute of limitations

Kansas gives you 2 years to file a personal injury lawsuit under Kan. Stat. Ann. § 60-513.

See the full Kansas statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Kansas attorney before relying on it.

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Kansas Comparative Negligence FAQ

What comparative negligence rule does Kansas follow?

Kansas follows a modified 50% bar rule under Kan. Stat. Ann. § 60-258a. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Kansas?

Yes, up to a point. In Kansas you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Kansas?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Kansas bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Kansas?

Kansas gives you 2 years to file a personal injury lawsuit under Kan. Stat. Ann. § 60-513.

Where can I read the actual rule?

The controlling authority is Kan. Stat. Ann. § 60-258a. The full text is available at https://ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html.

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