Comparative Negligence in Kansas
State-specific overview · Tort Law
Kansas follows pure comparative negligence, allowing recovery even if you are mostly at fault.
How Kansas treats Comparative Negligence
Kansas permits plaintiffs to recover damages proportional to the defendant's fault, regardless of how negligent the plaintiff was. A plaintiff who is 99% at fault can still recover 1% of damages from a defendant. This pure comparative negligence rule applies in both contract and tort cases, making Kansas one of the most plaintiff-friendly states on this issue.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Kansas.