Legal Question in Personal Injury in Kansas
Kansas statutes on strict liability of vehicle owners
Does Kansas have a statute giving vehicle owners strict liability on their vehicle in the event that their car is in an accident they are not the driver. Would they be liable for damages in this case? I know that California and other states have this in their statutes. I would also appreciate where this information can be found in the statutes, if it does in fact exist.
2 Answers from Attorneys
Kansas Strict Liability for Vehicles
GA Atty here. I cannot tell from the quick search in the Kansas Supreme Court Database. You will need to contact a KS lawyer or search yourself at http://lawlib/wuacc.edu/kscases/kscases.htm or http://www.law.ukans.edu/library
If you cannot find the sites search on Alta Vista for thinks Like the University of Kansas Law Library There is a site call Courts on the Internet that will connect you.
Good Luck.
Kansas Strict Liability for Vehicles
Vicarious liability is not imputed to vehicle owner based solely on permissive use by third party. West v. Collins, 251 Kan. 657, 660, 840 P.2d 435 (1992). However, K.S.A. 40-3104 requires the owner to provide liability insurance or qualify as an authorized self- insurer; and K.S.A. 40-3107 requires the policy to insure permissive users. Failure to comply with K.S.A. 40-3104 allows the Division of vehicles to suspend the license of the vehicle's owner, even if the owner was not at fault. Of course, there are some exceptions such as negligent entrustment and minors where you might be able to make a claim directly against the owner. This should not be relied upon as legal advice, but I would be happy to further discuss your particular situation with you.