Kansas Statute of Limitations for Civil Cases
Kansas Statutes of Limitations for Civil Cases
Overview of Kansas Limitation Periods
Kansas imposes strict time limits on when you can file civil lawsuits. Missing these deadlines—called statutes of limitations—typically results in permanent loss of your legal claim, regardless of its merits. Kansas Statutes Annotated (K.S.A.) §60-301 et seq. governs these periods. Understanding which deadline applies to your case is critical.
Specific Causes of Action and Time Limits
Personal Injury
Limitation Period: 2 years
Citation: K.S.A. §60-513
When the Clock Starts: The statute of limitations begins when the injury occurs or, under the discovery rule, when the plaintiff knows or reasonably should know of the injury. For example, if you slip on a wet floor in a store and injure your knee immediately, the two-year period starts on that date. However, if you suffer an injury that doesn't manifest symptoms until months later, the clock may not start until you discover the injury.
Breach of Written Contract
Limitation Period: 5 years
Citation: K.S.A. §60-511
When the Clock Starts: The statute of limitations runs from the date of the breach—when one party fails to perform an obligation under the written agreement. For example, if a contractor agrees in writing to complete work by December 31st and stops work on December 15th without finishing, the five-year period begins on December 15th.
Breach of Oral Contract
Limitation Period: 3 years
Citation: K.S.A. §60-513
When the Clock Starts: Like written contracts, the clock starts when the breach occurs. Note that oral contracts have a shorter limitation period (3 years vs. 5 years for written contracts), reflecting the difficulty of proving their terms.
Fraud
Limitation Period: 3 years
Citation: K.S.A. §60-513
When the Clock Starts: Under Kansas law, fraud claims typically accrue when the plaintiff discovers—or reasonably should discover—the fraudulent conduct. This often differs from the date the fraud occurred. For instance, if someone conceals a material fact in a real estate transaction, the clock may not start until you discover the hidden defect.
Property Damage
Limitation Period: 2 years (for torts), 5 years (for breach of warranty on goods)
Citation: K.S.A. §60-513 (torts); K.S.A. §84-2-725 (warranties)
When the Clock Starts: For property damage caused by negligence or intentional conduct, the period begins when the damage occurs. For breach of warranty claims on goods, K.S.A. §84-2-725 (the Kansas version of UCC §2-725) applies, and the period runs from the date of tender of delivery, unless the warranty explicitly extends to future performance.
Medical Malpractice
Limitation Period: 2 years from discovery; 4-year absolute repose period
Citation: K.S.A. §60-513; K.S.A. §60-3702
When the Clock Starts: Medical malpractice claims accrue when the patient discovers—or reasonably should discover—the malpractice and its causal connection to the injury. Importantly, Kansas imposes an absolute 4-year repose period from the date of the negligent act or omission. This means that even if you don't discover the malpractice until year 3.5, you cannot sue more than 4 years after the negligent act occurred. This repose period is a hard deadline with very limited exceptions.
Wrongful Death
Limitation Period: 2 years
Citation: K.S.A. §60-513
When the Clock Starts: The statute of limitations begins when the death occurs, not when the cause of action (like a tort) would have accrued for the decedent. This is a critical distinction. If someone dies from medical malpractice, the two-year period for the wrongful death claim starts on the date of death, independent of when the medical malpractice occurred.
Defamation (Libel and Slander)
Limitation Period: 1 year
Citation: K.S.A. §60-512
When the Clock Starts: The statute of limitations for defamation runs from the date of publication or utterance. For written defamation (libel), it's the date the statement is published. For spoken defamation (slander), it's the date the statement is spoken. Each new publication or utterance can start a new statute of limitations period.
Trespass
Limitation Period: 2 years
Citation: K.S.A. §60-513
When the Clock Starts: The statute of limitations begins when the trespass occurs—when the defendant enters or remains on the plaintiff's property without authorization. Ongoing trespass may be treated as a continuing tort, meaning each day of trespass could be a separate violation.
Debt Collection / Promissory Notes
Limitation Period: 5 years
Citation: K.S.A. §60-511
When the Clock Starts: For simple contract debts, the period runs from the date the debt becomes due. For promissory notes and other written agreements to pay, the five-year limitation applies from the date of the breach (failure to pay). Each partial payment typically resets the statute of limitations, a principle creditors and collectors frequently use.
The Discovery Rule and Delayed Accrual
Kansas recognizes the discovery rule, which delays when the statute of limitations begins if the plaintiff could not reasonably have discovered the claim. K.S.A. §60-513 explicitly applies this doctrine to personal injury, oral contracts, fraud, and wrongful death claims.
Under the discovery rule, the statute of limitations doesn't accrue until the plaintiff knows or reasonably should know:
1. That an injury has occurred
2. That the injury was caused by the defendant's conduct
3. The identity of the defendant
Example: If a surgeon leaves a surgical instrument inside your abdomen and you don't discover it for two years, the two-year personal injury statute of limitations likely begins when you discover (or should have discovered) the foreign object, not when the surgery occurred.
Courts apply an objective standard: would a reasonable person in the plaintiff's position have discovered the injury?
Tolling Provisions: When the Clock Pauses
Kansas law allows the statute of limitations to be tolled (paused) under specific circumstances. The clock resumes once the tolling condition ends.
Minority
Citation: K.S.A. §60-514
If a plaintiff is under 18 years old, the statute of limitations does not begin to run until the plaintiff reaches age 18. A minor injured in a car accident at age 15 has until age 20 to file a personal injury lawsuit (two years after turning 18).
Mental Incapacity
Citation: K.S.A. §60-514
If a plaintiff is adjudicated mentally ill or incompetent, the statute of limitations is tolled until the plaintiff regains capacity or a guardian is appointed to pursue the claim.
Absence from the State
Citation: K.S.A. §60-515
If the defendant is outside Kansas and cannot be served with process, the period during which the defendant is absent does not count toward the statute of limitations. This tolling provision applies only if the defendant is genuinely absent from the state with no agent available to serve.
Military Service
Citation: K.S.A. §60-516
The Servicemembers Civil Relief Act (SCRA) may also provide federal tolling for active-duty service members. Kansas respects this federal protection.
What Happens If You Miss the Deadline
If you file a lawsuit after the statute of limitations expires, the defendant can move to dismiss under K.S.A. §60-1301 or K.S.A. §60-1302. If the court grants this motion, your claim is permanently barred—you cannot refile in another court. The claim is extinguished.
Courts rarely grant exceptions after the deadline passes. Kansas does not recognize equitable tolling based on excusable neglect, delay, or reliance on attorneys' advice in most circumstances. You are responsible for knowing and meeting the deadline.
Calculating the Deadline: Practical Steps
1. Identify the cause of action: What legal theory are you pursuing? Different causes have different periods.
2. Determine the accrual date: When did the injury occur, the breach happen, or the defendant's conduct become discoverable?
3. Count forward: Add the applicable number of years. Use calendar years, not business days.
4. Account for tolling: Did minority, incapacity, absence, or military service pause the clock?
5. File before midnight on the final day: Filing means the lawsuit is actually submitted to court, not merely prepared.
Important: If the final deadline falls on a weekend or holiday, K.S.A. §60-104 allows filing by the next business day.