Torts
Scope
Negligence, intentional torts, strict liability, defamation, and products liability, with Kansas comparative-fault rules.
Core rules
- Negligence requires duty, breach, actual and proximate cause, and damages. Duty may arise by relationship, statute, or foreseeability; Kansas uses a duty-risk analysis.
- Kansas has modified comparative fault under K.S.A. 60-258a. A claimant's recovery is reduced by his or her percentage of fault; if claimant's fault is 50% or more, recovery is barred in most cases. Liability among defendants is generally several, not joint, under the statute.
- Intentional torts require intent or substantial certainty; battery needs harmful or offensive contact; assault needs apprehension.
- Defamation: false statement of fact, publication, fault, and harm; public plaintiffs need actual malice.
- Products liability may rest on strict liability for defective condition, negligence, or warranty; comparative fault can apply in some theories.
Worked example
P suffers $100,000 in damages. Jury finds D 70% at fault and P 30% at fault. Under K.S.A. 60-258a, P recovers $70,000 from D. If P were 50% at fault, P would recover nothing because Kansas bars recovery at 50% or more.
Traps
Using contributory negligence as a complete bar; forgetting the 50% threshold; assuming joint and several liability across all defendants; and conflating assault with battery.