Kansas’s Comparative Negligence Rule
Negligence is a legal concept that deals with fault. Under the law of negligence, a person who causes harm to another can be held liable for any damages incurred by the other person as a result of their negligent behavior. Comparative negligence is a defense that can be used in certain cases to reduce the percentage of liability assigned to any one party. In Kansas, the law of comparative negligence, as set forth in Kansas statutes, governs personal injury cases where parties disagree as to the degree of fault they each bear.
Comparative negligence is the legal principle that allows a court to determine who is responsible and how much each party involved in an accident or event is financially responsible. It works by assigning responsibility to each party based on their degree of fault or involvement in the incident and allows those found to be partially responsible to recover damages, although it may reduce the amount they receive.
In Kansas, the applicable law is codified in K.S.A. 60-258a which states: “If an injured party was partially at fault in the causing of an injury, the liability of each party for damages shall be determined by comparison of fault.” This means that if the injured party is found to have been partially at fault for their own injury, the amount of damages they are able to recover from the other person or entity responsible for their injury will be reduced proportionately.
For example, if the court finds that the injured party was 15% responsible for their injury and the other person responsible was 85% responsible, then the amount of damages the injured party can receive from the other person will be reduced by 15%.
In Kansas, the jury decides whether or not to apply the principle of comparative negligence. Generally, the jury bases its decision on the percentage of responsibility each party had in the causing of the injury or damage. If the jury assigns a percentage of fault to each party that is equal to or less than 50%, the principle of comparative negligence is applied. If the jury assigns a percentage of fault to one party that is greater than 50%, the principle of contributory negligence is applied. Under the law of contributory negligence, an injured party can’t recover any damages from the other party if they are found partially responsible for their own injury.
Additionally, in Kansas, joint and several liability can also be applied. This principle allows a court to hold multiple parties jointly and severally liable for the injuries and damages they caused. Essentially, this means that each party involved can be held responsible for the total amount of damages even if one party is found to be more at fault than the other. It alleviates the need for the injured party to individually pursue each liable party in order to collect the full amount of damages they are owed.
When it comes to apportionment of fault in Kansas, courts are instructed to look at the foreseeability of the injury, the degree of negligence, the actions of all actors before and after the injury, and any other relevant facts to determine what percentage of fault each person or entity responsible for the injury should bear. Generally, Kansas courts apply equitable principles and prior case law to decide how to apportion fault between parties.
In conclusion, the law of comparative negligence in Kansas is used to apportion a certain degree of fault between multiple people or entities who are liable for causing injury to another person. Courts use equitable principles, prior case law, and a variety of other factors to determine the degree of fault for each party. Furthermore, joint and several liability can also be applied which allows injured parties to collect the full amount of damages from any party responsible for their injury.
