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Kansas

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 10

Med Pay Subrogation - No

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 5 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment is the lesser of: 1. 25% of the disposable earnings or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage or 3. The amount of plaintiff’s claim stated in the order for garnishment; No creditor can issue more than one garnishment against the same debtor during any 30-day period
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
   $5,000 plus court costs
   Unlimited if parental neglect
Liability imposed for willful or malicious damage to person or property
 


Subrogation by Landlord's Carrier against Tenant

No, unless landlord expressly agrees to provide insurance for tenant

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