(a) Effect of contributory negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.
K.S.A. 60-258a.Comparative negligence
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceKansas Rule 60-258a bars a negligence claimant's recovery only once the claimant's own negligence isn't less than the causal negligence of the parties at fault, reduces damages by the claimant's percentage of fault, requires special verdicts allocating negligence, and lets a defendant force other allegedly negligent people into the case.
Full Text of K.S.A. 60-258a
(b) Special verdicts or findings required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment.
(c) Joining additional parties. On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to the death, personal injury, property damage or economic loss, must be joined as an additional party.
(d) Apportioning liability. When the comparative negligence of the parties is an issue and recovery is permitted against more than one party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted.
(e) Applicability. This section is applicable to actions under this chapter and to actions commenced under the code of civil procedure for limited actions.
Amendment History
L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4; L. 1987, ch. 221, § 1; L. 2010, ch. 135, § 132; July 1.
Plain-English Summary
Subsection (a) states Kansas's comparative-negligence rule directly: a party's contributory negligence doesn't bar recovery for death, personal injury, property damage, or economic loss, as long as that party's negligence was less than the causal negligence of the party or parties against whom the claim is made — but the damages awarded get reduced in proportion to that party's own share of the negligence. In a wrongful-death claim, the decedent's own negligence, if any, is imputed to the party bringing the claim.
Subsection (b) requires the fact-finder to do the math explicitly: when comparative negligence is at issue, the jury must return special verdicts (or the court, without a jury, must make special findings) fixing the percentage of negligence attributable to each party and the total damages each claimant sustained, and the court then determines the judgment those numbers produce. Subsection (c) lets a party facing a negligence claim force any other allegedly negligent person into the case by motion — that person must be joined as an additional party. Subsection (d) then apportions liability among the parties recovery is permitted against, each one liable for the share of the total damages that matches its own percentage of the causal negligence among all of them.
Subsection (e) makes the section apply broadly: to actions under chapter 60 generally and to actions brought under the code of civil procedure for limited actions.
Frequently Asked Questions
Does my own negligence completely bar my injury claim in Kansas?
Not unless your negligence isn't less than the causal negligence of the party or parties you're suing. If your share is less, you can still recover, but the damages award is reduced in proportion to your own percentage of negligence.
How does a Kansas jury allocate fault among multiple negligent parties?
Subsection (b) requires the jury (or the court, absent a jury) to return special verdicts or findings fixing the percentage of negligence attributable to each party and the total damages each claimant sustained.
Can a defendant bring other potentially at-fault people into a Kansas negligence lawsuit?
Yes. Subsection (c) lets a party against whom a negligence claim is asserted move to join any other person whose causal negligence is claimed to have contributed to the harm.
Is liability under 60-258a joint or several among multiple defendants?
Subsection (d) apportions liability by percentage: each party against whom recovery is permitted is liable only for the share of total damages matching its own portion of the causal negligence among all such parties.
Does 60-258a apply outside of chapter 60 actions?
Yes. Subsection (e) makes it applicable to actions under chapter 60 and to actions commenced under the code of civil procedure for limited actions.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as: kansas comparative negligence rulemodified comparative fault kansasjoining additional negligent party kansaskansas apportionment of fault60-258a kansas