60-4907 Same; burden of proof.
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.
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.
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.
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.
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.
60-4901 Silica and asbestos claims act; definitions.
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.
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.
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 […]