DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF KANSAS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Kansas ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Kansas
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Kansas law.
I. KANSAS-SPECIFIC LEGAL FRAMEWORK
A. Governing Law
Kansas products liability law is governed by the Kansas Product Liability Act (KPLA), K.S.A. 60-3301 et seq., and common law principles. Kansas adopted Section 402A of the Restatement (Second) of Torts in Brooks v. Dietz, 218 Kan. 698, 545 P.2d 1104 (1976).
B. Statute of Limitations
Under K.S.A. 60-513(a)(4), the statute of limitations for products liability actions is two (2) years from the date of injury. This incident occurred on [Date], and the limitations period expires on [Expiration Date].
Discovery Rule: Kansas applies the discovery rule, which tolls the limitations period until the plaintiff knew or reasonably should have known of the injury and its cause. Roe v. Diefendorf, 236 Kan. 218, 689 P.2d 855 (1984).
C. Statute of Repose / Useful Safe Life
Kansas has a "useful safe life" statute rather than a traditional statute of repose. K.S.A. 60-3303. A product seller is not subject to liability for harm caused by a product if the harm was caused after the product's "useful safe life" has expired.
The useful safe life is presumed to be ten (10) years from the time of delivery to the first purchaser, unless evidence establishes a different period. K.S.A. 60-3303(a)(2).
The subject product was delivered on [Date], and this action is timely.
D. Theories of Liability Recognized
Kansas recognizes the following theories of products liability under K.S.A. 60-3302:
1. Strict Liability: A product seller is subject to liability if the product was defective at the time it left the seller's control.
2. Negligence: Liability based on failure to exercise reasonable care in design, manufacture, or warnings.
3. Breach of Warranty: Express and implied warranties under K.S.A. Chapter 84 (Kansas UCC) provide additional grounds for recovery.
E. Design Defect Standard
Kansas applies a consumer expectation test as the primary standard for design defect claims. Under K.S.A. 60-3304, a product is defective in design if:
The product, at the time of sale, was more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
Kansas courts also consider risk-utility factors in appropriate cases. See Delaney v. Deere & Co., 268 Kan. 769, 999 P.2d 930 (2000). Factors include:
- The usefulness and desirability of the product
- The likelihood and probable seriousness of injury
- The availability of a substitute product
- The manufacturer's ability to eliminate danger without impairing usefulness
- The user's awareness of danger
- The feasibility of spreading the cost
F. Comparative Fault
Kansas follows a modified comparative fault rule. K.S.A. 60-258a. A plaintiff may recover if their fault is less than the causal fault of all other parties. If the plaintiff's fault is 50% or greater, recovery is barred. Recovery is reduced by the plaintiff's percentage of fault.
Our client bears no responsibility for this incident.
G. Joint and Several Liability
Kansas has abolished joint and several liability for most claims. K.S.A. 60-258a(d). Each defendant is liable only for their percentage of fault. Exceptions exist for intentional conduct and certain other circumstances.
H. Damage Caps
Kansas imposes caps on non-economic damages in personal injury cases. K.S.A. 60-19a02. The cap is $325,000 (as of current law), subject to periodic adjustment.
No cap exists on economic damages.
I. Punitive Damages
Kansas allows punitive damages upon proof that the defendant acted with willful conduct, wanton conduct, fraud, or malice. K.S.A. 60-3702.
Cap: Punitive damages are capped at the lesser of $5 million or the defendant's highest annual gross income for the preceding 5 years. K.S.A. 60-3702(e).
Procedural Requirements: Punitive damages must be proven by clear and convincing evidence. The trier of fact must separately determine compensatory and punitive damages. K.S.A. 60-3702(c).
II. PRESERVATION OF EVIDENCE - SPOLIATION WARNING
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- All exemplar products of the same make and model
- Design documents, specifications, and engineering drawings
- Manufacturing records for the subject product and similar products
- Quality control records and inspection reports
- Testing data and results (pre-market and post-market)
- Safety assessments and risk analyses
- FMEA (Failure Mode and Effects Analysis) documents
- All versions of owner's manuals and instructions
- All versions of warnings and labels
- Marketing and advertising materials
Complaints and Claims:
- Consumer complaints involving this product or similar products
- Prior claims and lawsuits involving this product
- Regulatory communications (FDA, CPSC, NHTSA)
- Recall notices and service bulletins
Kansas courts recognize spoliation sanctions. Destruction or alteration of evidence may result in adverse inference instructions and other sanctions.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Lot/Batch Number | [If known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
| Entity | Role | Location |
|---|---|---|
| [Manufacturer Name] | Manufacturer | [Address] |
| [Distributor Name] | Distributor | [Address] |
| [Retailer Name] | Retailer/Seller | [Address] |
C. Product Background
[Describe the product, its intended use, and relevant safety considerations]
IV. THE DEFECT
A. Nature of Defect
[SELECT APPLICABLE THEORY:]
DESIGN DEFECT:
The [Product Name] contains a design defect rendering it unreasonably dangerous for its intended and foreseeable uses. Under Kansas's consumer expectation test (K.S.A. 60-3304), the product was more dangerous than an ordinary consumer would expect.
[Detailed description of design defect]
A feasible alternative design existed that would have prevented or reduced the risk of injury:
[Description of alternative design]
MANUFACTURING DEFECT:
The specific [Product Name] involved in this incident departed from its intended design due to a manufacturing defect:
[Description of how this product differs from intended design]
FAILURE TO WARN:
The [Product Name] was defective due to inadequate warnings and instructions. Under K.S.A. 60-3305, your company knew or should have known of risks but failed to adequately warn:
[Description of warning deficiencies]
V. THE INCIDENT
On [Date], at approximately [Time], our client was [describe what client was doing with the product]:
[Detailed narrative of the incident]
Our client was using the product:
- For its intended purpose
- In a reasonably foreseeable manner
- In accordance with provided instructions
The defect was the direct and proximate cause of our client's injuries.
VI. LIABILITY ANALYSIS
A. Strict Products Liability
Under the Kansas Product Liability Act, K.S.A. 60-3302, your company is strictly liable because:
- The product was defective when it left your control;
- The defect made the product unreasonably dangerous;
- The defect was the proximate cause of our client's injuries; and
- Our client suffered damages.
B. Negligence
Your company is also liable under negligence theories:
Negligent Design: The product was designed without reasonable care for consumer safety.
Negligent Manufacture: [If applicable] The product was manufactured without adequate quality control.
Negligent Failure to Warn: Your company knew or should have known of dangers but failed to provide adequate warnings.
C. Breach of Warranty
Express Warranty (K.S.A. 84-2-313): Your company warranted that [describe warranty], which was breached.
Implied Warranty of Merchantability (K.S.A. 84-2-314): The product was not fit for its ordinary purpose.
VII. PRIOR KNOWLEDGE OF DEFECT
Evidence of prior knowledge supports punitive damages claims under K.S.A. 60-3702:
- [Number] prior complaints regarding this defect
- [Number] prior injuries from this defect
- [Prior lawsuits, recalls, or regulatory actions]
- Internal documents acknowledging the defect
VIII. INJURIES AND DAMAGES
A. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Surgeries and Procedures:
- [Surgery 1]
- [Surgery 2]
Permanent Conditions:
- [Permanent effects, if any]
B. Medical Treatment
[Describe treatment chronology]
C. Damages Summary
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Disability | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
Note: Kansas caps non-economic damages at $325,000 (K.S.A. 60-19a02). Economic damages are not capped.
D. Punitive Damages
Your company's conduct in [describe egregious conduct] constitutes willful conduct, wanton conduct, or malice warranting punitive damages under K.S.A. 60-3702.
IX. SETTLEMENT DEMAND
Based upon clear liability and the severe injuries suffered by our client, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for [45/60] days from the date of this letter, through and including [Expiration Date].
X. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. If this matter cannot be resolved, we are prepared to file suit in the District Court of [County] County, Kansas, and pursue this matter through trial.
XI. DOCUMENTATION ENCLOSED
- Medical records and bills
- Product photographs
- Incident photographs
- Employment and wage records
- Expert reports (if available)
- [Other relevant documentation]
XII. CONCLUSION
This defective product caused serious injuries to our client that were entirely preventable. Kansas law provides clear remedies for products liability claims, and we urge you to evaluate this claim seriously and respond with a fair settlement offer.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Kansas Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
KANSAS PRODUCTS LIABILITY PRACTICE NOTES
-
Consumer Expectation Test: Kansas primarily uses the consumer expectation test for design defects. K.S.A. 60-3304; Delaney v. Deere & Co., 268 Kan. 769 (2000).
-
Useful Safe Life Defense: 10-year presumptive period rather than hard statute of repose. K.S.A. 60-3303.
-
Modified Comparative Fault: Plaintiff barred if 50% or more at fault. K.S.A. 60-258a.
-
No Joint and Several Liability: Each defendant liable only for proportionate share. K.S.A. 60-258a(d).
-
Non-Economic Damages Cap: $325,000 cap on non-economic damages (verify current amount). K.S.A. 60-19a02.
-
Punitive Damages Cap: Lesser of $5 million or defendant's highest gross income over past 5 years. K.S.A. 60-3702(e).
-
Government Contractor Defense: Defense available for products made to government specifications. K.S.A. 60-3306.
-
State of the Art Defense: Compliance with state of the art is relevant evidence. K.S.A. 60-3304(a).
-
Venue: County where defendant resides or where cause of action arose. K.S.A. 60-602.
This template must be customized for each case and verified against current Kansas law. Products liability law is complex and requires careful analysis of all applicable theories and defenses.