Kansas Statutes
§ 60-4907 — Burden of proof
Kansas § 60-4907
This text of Kansas § 60-4907 (Burden of proof) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Kan. Stat. Ann. § 60-4907 (2026).
Text
(a)In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party was a substantial factor in causing the injury, loss or damages.
(b)In determining whether any given claimed or alleged exposure was a substantial factor in causing the plaintiff's injury, loss or damages, the court shall consider, without limitation, all of the following:
(1)The manner in which the plaintiff was exposed.
(2)The proximity to the plaintiff when the exposure occurred.
(3)The frequency and length of the plaintiff's exposure;*
(4)Any factors that mitigated or enhanced the plaintiff's exposure.
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Legislative History
L. 2006, ch. 196, § 7; July 1.
Nearby Sections
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Acts by court or judgeCite This Page — Counsel Stack
Bluebook (online)
Kansas § 60-4907, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/60-4907.