Kansas Notice of Claim (K.S.A. 12-105b)

Introduction

Key Things to Know

1. 1

   The deadline is strict. K.S.A. 12-105b(d) requires a written notice to be filed before commencing the action, and the action must still be brought within the code of civil procedure limit, which is 2 years for injury and wrongful death under K.S.A. 60-513. The notice rule does not apply to a claim against a governmental entity arising from childhood sexual abuse as defined in K.S.A. 60-523 (K.S.A. 12-105b(d)(2)). Because suit is blocked for up to 120 days after filing, file the notice early.

2. 2

   The notice is filed with the clerk or governing body of the municipality (K.S.A. 12-105b(d)). K.S.A. 12-105a defines a municipality to include counties, townships, cities, school districts and other political subdivisions. Ask the clerk which delivery method it accepts, and keep proof of the filing date.

3. 3

   The notice states the name and address of the claimant and of the claimant's attorney, if any; a concise statement of the factual basis of the claim, including the date, time, place and circumstances; the name and address of any public officer or employee involved, if known; and a concise statement of the nature and extent of the injury.

4. 4

   The notice must include a statement of the amount of monetary damages being requested (K.S.A. 12-105b(d)(E)). Substantial compliance with the contents rules is a valid filing of a claim.

5. 5

   No action may start until the municipality denies the claim or 120 days pass after filing, whichever comes first. A claim is deemed denied if the municipality fails to approve it in its entirety within 120 days, unless the parties have reached a settlement first. The claimant then has the code of civil procedure limit, but never less than 90 days from the denial or deemed denial, to sue.

6. 6

   For a claim against the State itself, note that K.S.A. 12-105b(d) is written for a municipality, as K.S.A. 12-105a defines it. Kansas Tort Claims Act suits are subject to the 2-year limit in K.S.A. 60-513. Ask the state agency's legal or risk management office about any claim process it uses.

7. 7

   Liability under the Kansas Tort Claims Act may not exceed $500,000 for any number of claims arising out of a single occurrence or accident, subject to K.S.A. 75-6111. The cap does not apply to childhood sexual abuse claims (K.S.A. 75-6105). Punitive or exemplary damages and prejudgment interest are not available against a governmental entity.

Kansas Requirements for Notice of Claim

• Notice Before Suit

  K.S.A. 12-105b(d): a written notice of claim must be filed before commencing an action against a municipality, within the code of civil procedure limit (2 years under K.S.A. 60-513). Not required for an action for recovery of damages against a governmental entity for childhood sexual abuse as defined in K.S.A. 60-523 (12-105b(d)(2)).

• Clerk or Governing Body

  K.S.A. 12-105b(d): the notice is filed with the clerk or governing body of the municipality. K.S.A. 12-105a: municipalities include counties, townships, cities, school districts and other political subdivisions.

• Required Contents

  K.S.A. 12-105b(d): claimant and attorney names and addresses, the factual basis with date, time, place and circumstances, any officer or employee involved if known, and the nature and extent of the injury. Substantial compliance is a valid filing.

• Amount Requested

  State the amount of monetary damages being requested, as K.S.A. 12-105b(d)(E) requires.

• 120-Day Deemed Denial

  K.S.A. 12-105b(d): no action until the claim is denied or 120 days pass; the claim is deemed denied if not approved in its entirety within 120 days, unless the parties settle first.

• Deadline to Sue

  K.S.A. 12-105b(d): suit within the code of civil procedure limit, but never less than 90 days from the date the claim is denied or deemed denied.

• Damages Cap

  K.S.A. 75-6105: $500,000 for any number of claims from a single occurrence or accident, subject to K.S.A. 75-6111; not applicable to childhood sexual abuse claims. No punitive damages or prejudgment interest.

• Minors and Incapacity

  K.S.A. 60-515(a): a person under 18 or incapacitated may bring the action within 1 year after the disability is removed, but no more than 8 years after the act.