60-4907. Same; burden of proof. - Kansas Statutes

60-4907

Chapter 60.--PROCEDURE, CIVIL Article 49.--SILICA AND ASBESTOS CLAIMS ACT

      60-4907.   Same; burden of proof.(a) In any civil action under this act, and amendmentsthereto, alleging an asbestos or silica claim, the party with the burden ofestablishing the claim or affirmative defense must show that the allegedexposure attributable to a given person or party was a substantial factor incausing theinjury, loss or damages.

      (b)   In determining whether any given claimed or alleged exposure was a substantialfactor in causing the plaintiff's injury, loss or damages, the court shallconsider, withoutlimitation, all of the following:

      (1)   The manner in which the plaintiff was exposed.

      (2)   The proximity to the plaintiffwhen theexposure occurred.

      (3)   The frequency and length of the plaintiff's exposure;

      (4)   any factors that mitigated or enhanced the plaintiff's exposure.

      History:   L. 2006, ch. 196, § 7; July 1.