60-4901. Silica and asbestos claims act; definitions. As used in this act, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) “AMA guides to the evaluation of permanent impairment” means the American medical association’s guides to the evaluation of permanent impairment as in […]
60-4902. Same; claim requirements. (a) Physical impairment of the exposed person shall be an essential element in any civil action alleging a silica or asbestos claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim based on a nonmalignant condition in the absence of a prima facie showing of physical […]
60-4903. Same; filing of prima facie evidence of claim. (a) The plaintiff in any civil action alleging a silica or asbestos claim shall file within 60 days of the filing of the complaint or petition or other initial pleading a written report and supporting test results constituting prima facie evidence of the exposed person’s physical […]
60-4904. Same; preclusion of claims, when. (a) Notwithstanding any other provision of the Kansas Statutes Annotated, and amendments thereto, for any claim based upon a nonmalignant condition resulting from silica or asbestos that is not barred as of the effective date of this act, the period of limitations shall not begin to run until the […]
60-4905. Same; premises owner liability. The following apply to all civil actions for silica or asbestos claims brought against a premises owner to recover damages or other relief for exposure to silica or asbestos on the premises owner’s property: (a) No premises owner shall be liable for any injury to any individual resulting from silica […]
60-4906. Same; affect on other laws. (a) Nothing in K.S.A. 2021 Supp. 60-4901 to 60-4905, inclusive, and amendments thereto, is intended or shall be construed to: (1) Apply to or affect the rights of any party in bankruptcy proceedings. (2) Apply to or affect the ability of any person who is able to make a […]
60-4907. Same; burden of proof. (a) In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party was a substantial factor in causing the injury, […]
60-4908. Same; applicability of act. This act shall apply to all civil actions that allege a silica or asbestos claim that are filed on or after the effective date of this act. History: L. 2006, ch. 196, § 8; July 1.
60-4909. Same; severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall 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 are severable. […]
60-4910. Same; preemption by federal law, effect of. If any provision of this act or the application thereof to any person or circumstance is held to be preempted by federal law, the preemption shall not affect other provisions or applications of the act which can be given effect. History: L. 2006, ch. 196, § 10; […]
60-4911. Same; citation of act. K.S.A. 2021 Supp. 60-4901 through 60-4911 may be cited as the silica and asbestos claims act. History: L. 2006, ch. 196, § 11; July 1.
60-4912. Asbestos trust claims transparency act; citation of act. K.S.A. 2021 Supp. 60-4912 through 60-4918, and amendments thereto, may be cited as the asbestos trust claims transparency act. History: L. 2018, ch. 25, § 1; July 1.
60-4913. Same; definitions. The following definitions apply to this act: (a) “Asbestos” has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto. (b) “Asbestos claim” has the same meaning as defined in K.S.A. 2021 Supp. 60-4901, and amendments thereto. (c) “Asbestos trust” means a government-approved or court-approved trust, qualified settlement fund, […]
60-4914. Same; duties of plaintiff. (a) No later than 30 days prior to the date the court establishes for the completion of all fact discovery, the plaintiff, and any person who is representing the plaintiff or has a fiduciary duty to the plaintiff with respect to the asbestos claim, shall do all of the following: […]
60-4915. Same; filing of asbestos trust claims. (a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims. (b) Within 10 days after receiving […]
60-4916. Same; discovery. (a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents. (b) A defendant in an asbestos claim may seek discovery from an […]
60-4917. Same; reopening of judgment. (a) If the plaintiff or a person on the plaintiff’s behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or […]
60-4918. Same; applicability of act. This act shall apply to all asbestos claims filed on or after July 1, 2018. History: L. 2018, ch. 25, § 7; July 1.
