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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What to do after a burn in Kansas
Most adults suffer third-degree burns from 150-degree water in two seconds, according to the U.S. Consumer Product Safety Commission (CPSC).
Once you are safe, put the product, the cup or the clothing in a bag and leave it alone. Take dated photos of the scene and of the injury. Save receipts, texts and the names of anyone who saw it happen. If a fire department came, write down which one, since its incident report may matter later. The State Fire Marshal’s KFIRS page notes that KFIRS moved to NERIS on 1/1/2026 and links the annual report and NERIS fire statistics.
Do not sign anything from an insurer or give a recorded statement before getting advice. If you want help finding a lawyer on your own, the Kansas Bar Association runs a Lawyer Referral Service.
The deadline to file in Kansas
Under K.S.A. 60-513(a)(4), an action for injury to the rights of another that does not arise on contract must be brought within two years. That is the rule for a typical negligence burn case.
The clock does not always start on the day of the accident. Under 60-513(b), the claim accrues when the act first causes substantial injury. If the injury is not reasonably ascertainable at first, the period starts when it becomes reasonably ascertainable. There is an outer limit of 10 years from the act. Claims against health care providers follow a separate rule with a 4-year repose in 60-513(c).
Claims against a Kansas county, city, township, school district or other political subdivision carry an extra step under K.S.A. 12-105b(d). You must file a written notice of claim with the clerk or governing body before you sue. You cannot sue until the claim is denied or 120 days pass, and after that you have at least 90 days to file suit.
How fault works in Kansas
Kansas uses a modified comparative fault rule. Your own negligence does not bar recovery if it was less than the causal negligence of the party or parties you are suing (K.S.A. 60-258a(a)). At 50% or more, you recover nothing.
Say a space heater in a rented duplex tips over and sets a couch on fire. The landlord had installed a heater with a broken tip-over switch. The landlord’s insurer points out that you parked the heater next to a blanket. If the jury finds your share smaller than the landlord’s, you collect your damages minus your share. If the jury calls it an even split, you collect nothing.
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Damages and caps in Kansas
The general noneconomic damages cap in K.S.A. 60-19a02 is no longer enforced. The statute still lists a $350,000 cap for claims accruing on or after 7/1/2022, and that cap applied to medical malpractice. The Kansas Supreme Court held it an unconstitutional violation of the right to jury trial in Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019), rejecting the quid pro quo test from Miller v. Johnson (60-19a02).
Punitive damages work differently under K.S.A. 60-3702:
| Point | Kansas rule |
|---|---|
| Proof | Clear and convincing evidence of willful conduct, wanton conduct, fraud or malice |
| Who decides | The jury decides whether to award; the court sets the amount |
| Cap | The lesser of the defendant’s highest annual gross income in the 5 prior years or $5 million |
| Exceptions | Up to 50% of net worth if income is clearly inadequate; up to 1.5 times the profit if the misconduct’s profit is larger |
Burns at work in Kansas
Except as the Act provides, no employer or co-employee is liable for an injury for which compensation is recoverable under the Act (K.S.A. 44-501b(d)). The statute does not contain an exception for intentional injury, so a Kansas lawyer would need to tell you whether one applies in your situation.
A burned worker can take comp and also sue a negligent third party, such as the maker of a defective boiler or a contractor that cut into a live gas line (K.S.A. 44-504). The employer is subrogated for the comp and medical aid it provided and has a lien on the entire recovery, except damages for loss of consortium. It also gets notice and a right to intervene.
Burn centers in Kansas
The ABA directory lists two Kansas burn centers, and both are ABA-verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Ascension Via Christi Regional Burn Center, ABA-verified | Wichita | 929 N St Francis, Wichita, KS 67214 | (316) 268-5388 | Adult & Pediatric |
| The University of Kansas Health System Burnett Burn Center, ABA-verified | Kansas City | 4000 Cambridge St, Kansas City, KS 66160 | (913) 588-1227 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Most burn cases turn on who controlled the danger. A claim against a landlord or property owner might involve a space heater or a water heater. Outside contractors at a job site, product makers and sellers, gas and electric utilities, and restaurants that serve hot food or drinks all show up in burn claims too. Often two of them share the blame, each with its own insurance.
How Beverly Law helps in Kansas
Beverly Law is based in California, and its attorneys hold licenses in California and Washington. When a burn happens in Kansas, the firm works through its referral network with attorneys licensed in Kansas. Asking for a free case review puts you in touch with a Kansas-licensed burn injury attorney, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · Missouri burn injury law · Oklahoma burn injury law
This page is general information about Kansas law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Kansas can tell you how they apply to your case.
Common questions
What is the statute of limitations for a burn injury in Kansas?
Two years for most negligence claims under K.S.A. 60-513(a)(4). If the injury was not reasonably ascertainable at first, the period starts when it becomes reasonably ascertainable, with a 10-year outer limit. Claims against a city or county also need a written notice of claim before suit.
Can I recover if I was half at fault?
No. Kansas lets you recover only if your negligence was less than the causal negligence of those you sue (K.S.A. 60-258a(a)). Once your share reaches 50%, the claim is barred. Below that, your award is reduced by your share.
Does Kansas cap pain and suffering damages?
Not under K.S.A. 60-19a02. That statute’s $350,000 noneconomic cap was held unconstitutional in Hilburn v. Enerpipe Ltd. (2019) as a violation of the right to jury trial (60-19a02). Punitive damages have their own limits under K.S.A. 60-3702.
Which Kansas hospitals have verified burn centers?
Two, according to the ABA directory: Ascension Via Christi Regional Burn Center in Wichita, which treats adults and children, and The University of Kansas Health System Burnett Burn Center in Kansas City, listed for adults. Both are ABA-verified.
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Burn injury lawyer — Beverly Law
Burned in Kansas because of someone else? A free case review connects you with a burn injury attorney licensed in Kansas, usually within one business day.
Related pages
Sources
- ksrevisor.gov/statutes/chapters/ch60/060_005_0013.html
- ksrevisor.gov/statutes/chapters/ch12/012_001_0005b.html
- ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html
- ksrevisor.gov/statutes/chapters/ch60/060_037_0002.html
- ksrevisor.gov/statutes/chapters/ch60/060_019a_0002.html
- ksrevisor.gov/statutes/chapters/ch44/044_005_0001b.html
- ksrevisor.gov/statutes/chapters/ch44/044_005_0004.html
- firemarshal.ks.gov/236/Kansas-Fire-Incident-Reporting-System
- ksbar.org/
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-via-christi
- ameriburn.org/burn-care-team/resources/burn-centers/the-university-of-kan
- cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.