60-3301 Short title.
60-3301. Short title. This act shall be known and may be cited as the “Kansas product liability act.” History: L. 1981, ch. 231, § 1; July 1.
60-3302 Definitions.
60-3302. Definitions. (a) “Product seller” means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor or retailer of the relevant product, but does not include a health care provider, as defined in subsection […]
60-3303 Useful safe life ten-year period of repose; evidence; latent disease exception; reviving certain causes of action.
60-3303. Useful safe life ten-year period of repose; evidence; latent disease exception; reviving certain causes of action. (a) (1) Except as provided in paragraph (2) of this subsection, a product seller shall not be subject to liability in a product liability claim if the product seller proves by a preponderance of the evidence that the […]
60-3304 Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses.
60-3304. Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses. (a) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design or performance, the product shall be deemed not defective by reason of […]
60-3305 Manufacturer’s or seller’s duty to warn or protect against danger, when.
60-3305. Manufacturer’s or seller’s duty to warn or protect against danger, when. In any product liability claim any duty on the part of the manufacturer or seller of the product to warn or protect against a danger or hazard which could or did arise in the use or misuse of such product, and any duty […]
60-3306 Seller not subject to liability, when.
60-3306. Seller not subject to liability, when. (a) A product seller shall not be subject to liability in a product liability claim arising from an alleged defect in a product, if the product seller establishes that: (1) Such seller had no knowledge of the defect; (2) such seller in the performance of any duties the […]
60-3307 Inadmissible evidence.
60-3307. Inadmissible evidence. (a) In a product liability claim, the following evidence shall not be admissible for any purpose: (1) Evidence of any advancements or changes in technical or other knowledge or techniques, in design theory or philosophy, in manufacturing or testing knowledge, techniques or processes in labeling, warning of risks or hazards, instructions for […]
60-3320 Definitions.
60-3320. Definitions. As used in this act, unless the context requires otherwise: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) “Misappropriation” means: (i) acquisition of a trade secret of another by a person who knows or […]
60-3321 Misappropriation of trade secret; injunctive or other protective relief.
60-3321. Misappropriation of trade secret; injunctive or other protective relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage […]
60-3322 Same; damages.
60-3322. Same; damages. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused […]
60-3323 Award of attorney fees, when.
60-3323. Award of attorney fees, when. If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party. History: L. 1981, ch. 214, § […]
60-3324 Preservation of trade secret during action.
60-3324. Preservation of trade secret during action. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation […]
60-3325 Time limit for bringing action.
60-3325. Time limit for bringing action. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. History: L. 1981, ch. 214, § 6; July 1.
60-3326 Application of act.
60-3326. Application of act. (a) Except as provided in subsection (b), this act displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret. (b) This act does not affect: (1) Contractual remedies, whether or not based upon misappropriation of a trade secret; (2) other civil remedies […]
60-3327 Uniformity of act.
60-3327. Uniformity of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1981, ch. 214, § 8; July 1.
60-3328 Title of act.
60-3328. Title of act. This act may be cited as the uniform trade secrets act. History: L. 1981, ch. 214, § 9; July 1.
60-3329 Severability of provisions of act.
60-3329. Severability of provisions of act. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act […]
60-3330 Act not retroactive.
60-3330. Act not retroactive. This act does not apply to misappropriation occurring prior to the effective date. With respect to a continuing misappropriation that began prior to the effective date, the act also does not apply to the continuing misappropriation that occurs after the effective date. History: L. 1981, ch. 214, § 11; L. 1988, […]
60-3331 Civil penalty against shoplifter; parental liability for minor; amount; attorney fees and costs; demand for reimbursement; other remedies not precluded.
60-3331. Civil penalty against shoplifter; parental liability for minor; amount; attorney fees and costs; demand for reimbursement; other remedies not precluded. (a) Except as otherwise provided, a merchant may file a civil action to recover a civil penalty against any person who shoplifts from that merchant. If the merchant does not recover the merchandise in […]
60-3332 Definitions.
60-3332. Definitions. As used in K.S.A. 60-3332 through 60-3339: (a) “Environmental audit” means a voluntary, internal assessment, evaluation or review of a facility or operation, of an activity at a facility or operation or of an environmental management system at a facility or operation when the facility, operation or activity is regulated by state or […]