§ 75-6105 — Maximum liability for claims; apportionment of multiple claims; no liability for punitive or exemplary damages or interest; exception related to claim for damages arising from childhood sexual abuse

Kansas § 75-6105

• Jurisdiction: Kansas
• Ch. 75: STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
• Art. 61: KANSAS TORT CLAIMS ACT

Text

(a) Subject to the provisions of K.S.A. 75-6111, and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.
(b) When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the proper share of the total amount limited by this section. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence or accident.
(c) A governmental entity shall not be liable for punitive or exemplary damages or for interest prior to judgment. An employee acting within the scope of the employee's employment shall not be liable for punitive or exemplary damages or for interest prior to judgment, except for any act or omission of the employee because of actual fraud or actual malice.
(d) This section shall not apply to any claim for recovery of damages against a governmental entity arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto.

Legislative History

L. 1979, ch. 186, § 5; L. 1980, ch. 294, § 2; L. 1987, ch. 353, § 4; L. 2023, ch. 28, § 5; July 1.