Kansas Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date unless the fact of injury is not reasonably ascertainable until some time after the initial act. In no event may suit be brought more than 10 years from the date that the act giving rise to the injury occurred.

Personal Injury Actions

These actions must be brought within two years of the date that the negligent act causes substantial injury, unless the fact of injury is not reasonably ascertainable until some time after the initial act. In no event may suit be brought more than 10 years from the date that the act giving rise to the injury occurred.

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred, unless the injury was not reasonably discovered during that time. In that case, suit must be filed within four years of the date that the act giving rise to the injury occurred.

Products Liability Actions

Generally, products liability actions brought under negligence theories must be filed within two years after the plaintiff suffers a substantial injury, and those actions brought under strict liability theories must be filed within two years after the injury occurs. Products liability claims must be brought within the useful life of the product, and a presumption arises that the useful life has ended 10 years from delivery absent an express warranty for longer. The 10-year period does not apply to latent injuries caused by harmful substances.

Special Rules for Minors

Except in cases of wrongful death, minors have one year after their 18th birthday to file suit, but in no event more than eight years after the act giving rise to the injury occurred.