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75-6103. Liability of governmental entities for damages caused by employee acts or omissions, when; applicable procedure. (a) Subject to the limitations of this act, each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be liable under the laws of this state.

(b) (1) Except as otherwise provided in this act, either the code of civil procedure or, subject to subsection (b)(2), the code of civil procedure for limited actions shall be applicable to actions within the scope of this act. Actions for claims within the scope of the Kansas tort claims act brought under the code of civil procedure for limited actions are subject to the limitations provided in K.S.A. 61-2802, and amendments thereto.

(2) Actions within the scope of the Kansas tort claims act may not be brought under the small claims procedure act. Notwithstanding any provision of the small claims procedure act to the contrary, if a small claims action is within the scope of the Kansas tort claims act, a lawyer may appear in such small claims action on behalf of any governmental entity, officer or employee for the sole purpose of filing, briefing and arguing a motion to dismiss for lack of jurisdiction.

History: L. 1979, ch. 186, § 3; L. 1980, ch. 294, § 1; L. 2000, ch. 161, § 116; L. 2014, ch. 55, § 1; July 1.

Law Review and Bar Journal References:

"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 300 (1979).

"Governmental Liability: The Kansas Tort Claims Act [or the King Can Do Wrong]," John A. Hageman and Lee A. Johnson, 19 W.L.J. 260 (1980).

"Constitutional Law: Governmental Immunity Statute Violates Equal Protection as Applied to Kansas Turnpike Authority," Robert G. Martin, 19 W.L.J. 581 (1980).

"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 620, 622 (1980).

"Governmental Liability: A Review of Judicial Decisions Applying the Kansas Tort Claims Act," Steven Reed Sanford, 24 W.L.J. 499, 502, 510 (1985).

"Clear Title: A Buyer's Bonus, A Lender's Loss—Repeal of U.C.C. §9-307(1) Farm Products Exception by Food Security Act § 1324 [7 U.S.C. §1631]," Mark V. Bodine, 26 W.L.J. 71, 91 (1986).

"Notice of Claims—Easy to Follow but Timing is Important," Maurice Ryan and Kathleen Lynch, 64 J.K.B.A. No. 8, 36, 37, 38 (1995).

"Sunburn, Pulled Muscles and the Kansas Tort Claims Act: Three Reasons To Stay Inside And Watch TV," John T. Houston, J.K.T.L.A. Vol. XIX, No. 5, 11, 13 (1996).

"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).

"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is -- A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).

"The Potential Civil Liability of Law Enforcement Officers and Agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).

"Home Field Advantage--Protecting Kansas Students Equally," Kyle J. Steadman, J.K.T.L.A. Vol. XXIV, No. 2, 4 (2000).

"Governmental Immunity: Recent Developments Concerning the Eleventh Amendment and the Kansas Tort Claims Act," Kevin J. Breer and Justin D. Pullikan, 70 J.K.B.A. No. 7, 24 (2001).

"The Recreational Use Immunity of the Kansas Tort Claims Act: An Exception or the Rule?" Will Wohlford, 52 K.L.R. 211 (2003).

"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).

Attorney General's Opinions:

Wildlife and parks (formerly fish and game); safety and handling of firearms; liability insurance. 80-73.

Authority of police officer to remove vehicles from highway. 80-252.

University of Kansas institutional review boards are covered by tort claims act. 81-139.

Immunity for disaster emergency activities under Kansas tort claims act. 81-193.

Exemptions from liability under tort claims act. 81-232.

Conveyance of unsafe bridges on vacated county road by county. 81-256.

Community service performed by person under sentence or diversion is covered by Kansas tort claims act. 82-157.

Liability of city for volunteer reserve police officers. 82-215.

UCC; immunity of public officials concerning filed security transactions. 83-5.

County extension council; extension agent and other employees—liability under tort claims act. 84-56.

Advisory committees are covered by tort claims act. 84-88.

Liability of governmental entities; townships. 86-18.

Definition of municipality; rural water districts. 86-31.

Board of trustees; Wichita state university. 86-45.

Directors of Kansas technology enterprise corporation are covered by act. 86-155.

Assignment of liability for damages caused by works of improvement. 86-158.

Liability of counties for providing or selling certain chemicals. 86-173.

Employee's request for defense counsel; costs. 87-34.

State operated information network; tort claims act. 88-62.

Person covered by act; faculty of Kansas College of Technology. 89-81.

Maintenance of waterway along township road. 90-27.

Application of Kansas tort claims act to Kansas healthy kids corporation and corporation for change. 93-62.

Kansas development finance authority; officers' and directors' exemption from liability; applicability of Kansas tort claims act. 94-140.

Giving a false alarm by fire department; possible liability under Kansas tort claims act. 95-40.

Kansas development finance authority held subject to tort claims act; opinion 94-140 withdrawn. 95-78.

Unified school district, authority to contract; incurring liability; securing payment of obligations. 96-36.

Volunteers for Kansas guardianship program not employees under tort claims act; immunity under 60-3601 not available.97-36.

Claims arising out of court service officer's use of personal motor vehicle while acting within scope of employment; state liability under tort claims act; reimbursement for additional insurance premiums. 99-17.

Groundwater management district is subject to act. 99-41.

Contract appraisal reviewers not covered by act. 99-54.

Proof of automobile insurance for registration of motor vehicle; what constitutes. 99-62.

Judicial District Corrections Advisory Board is governmental entity for purposes of act. 2000-3.

Kansas Dairy Commission is an agency of the state for purposes of the act. 2000-12.

Employment status of district court trustee and employees of trustee's office. 2000-37.

Application of Kansas Tort Claims Act to members of Behavioral Sciences Regulatory Board's Advisory members. 2000-58.

Topeka Housing Authority is liable for negligence of its employees; city not liable under theory of respondeat superior. 2001-25.

Kansas dental board member who testifies as an expert witness in a board disciplinary hearing may be considered a governmental employee covered by the Kansas tort claims act. 2011-14.


1. Action of police officers in failure to remove person from plaintiff's property found discretionary and exempt from liability under Kansas tort claims act. Robertson v. City of Topeka, 231 K. 358, 360, 644 P.2d 458 (1982).

2. Act does not as a matter of law exempt government from liability for failure to provide highway signs. Carpenter v. Johnson, 231 K. 783, 784, 649 P.2d 400 (1982).

3. Recovery may be made for mental suffering and pain in absence of physical injury, if claim not barred by statute; proof required. Lantz v. City of Lawrence, 232 K. 492, 494, 657 P.2d 539 (1983).

4. State, under Restatement (Second), Torts § 319 (1965) has duty to notify area residents and law enforcement of major prison escape. Cansler v. State, 234 K. 554, 558, 675 P.2d 57 (1984).

5. Inspection under 75-6104 (j), precluding recovery defined. Siple v. City of Topeka, 235 K. 167, 170, 172, 679 P.2d 190 (1984).

6. Burden upon governmental entity to establish immunity; general rule of liability governs if burden not met. Jackson v. City of Kansas City, 235 K. 278, 286, 680 P.2d 877 (1984).

7. Summary judgment against prisoners denied where employment status of deputy sheriff in shooting prisoners questionable. Lee v. Wyandotte County, Kan., 586 F.Supp. 236, 239 (1984).

8. Rule of law freeing governmental entity from liability to one injured by street defect while illegally operating vehicle abolished. Eli v. Board of Sedgwick County Comm'rs, 235 K. 684, 686, 681 P.2d 673 (1984).

9. Officers making warrantless arrest with probable cause immune from liability under 75-6104(d). Mendoza v. Reno County, 235 K. 692, 693, 681 P.2d 676 (1984).

10. Discussed; governmental entity or employee liable under 75-6104 for acts or omissions involving more than lack of ordinary care and diligence. Hopkins v. State, 237 K. 601, 606, 609, 611, 702 P.2d 311 (1985).

11. Cited; summary judgment proper where evidence presented failed to give rise to inference of gross and wanton negligence (75-6104(n)). Lee v. City of Fort Scott, 238 K. 421, 422, 424, 710 P.2d 689 (1985).

12. Absent statutory exceptions, KDOT owes public same duty under act in doing highway maintenance as private individual. Rollins v. Kansas Dept. of Transportation, 238 K. 453, 456, 458, 711 P.2d 1330 (1985).

13. Cited; duties of counties and townships to provide road warning signs examined. Finkbiner v. Clay County, 238 K. 856, 859, 714 P.2d 1380 (1986).

14. Cited; where police are subject to guidelines or owe specific duty to individual, public duty doctrine inapplicable. Fudge v. City of Kansas City, 239 K. 369, 371, 372, 720 P.2d 1093 (1986).

15. Intragovernmental communication alleging unprofessional conduct by former city employee constituted communication for basis of defamation claim. Polson v. Davis, 635 F.Supp. 1130, 1147 (1986).

16. Cited; liability for negligent performance of ministerial task of janitorial work undertaken following discretionary decision under 75-6104(d) examined. Allen v. Kansas Dept. of S.R.S., 240 K. 620, 621, 731 P.2d 314 (1987).

17. Cited; absence of employer's duty to third party for tortious acts of off-duty employee examined. Meyers v. Grubaugh, 242 K. 716, 750 P.2d 1031 (1988).

18. Cited; exceptions to 75-6104(d) as inapplicable where legal duty exists that must be followed examined. Dougan v. Rossville Drainage Dist., 243 K. 315, 318, 757 P.2d 272 (1988).

19. Immunity from liability to high school athlete injured following practice based on recreational use (75-6104) examined. Nichols v. U.S.D. No. 400, 246 K. 93, 95, 785 P.2d 986 (1990).

20. Inspection of driving record held not an inspection within meaning of 75-6104(k). Griffin v. State, 14 K.A.2d 803, 807, 808, 799 P.2d 521 (1990).

21. Governmental immunity for ordinary negligence when fees charged for use of public property determined. Gonzales v. Board of Shawnee County Comm'rs, 247 K. 423, 427, 799 P.2d 491 (1990).

22. Board of county commissioners liable for negligent acts and omissions of sheriff's department under tort claims act. Eames v. Board of County Comm'rs, 733 F.Supp. 322, 324 (1990).

23. School district's responsibility in failing to follow established procedure involving child abuse allegations against third party's employee/bus driver examined. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 K. 348, 364, 819 P.2d 587 (1991).

24. County treasurer and state department of revenue lack immunity for negligent examination of motor vehicle title application. Mid American Credit Union v. Board of Sedgwick County Comm'rs, 15 K.A.2d 216, 219, 806 P.2d 479 (1991).

25. Police officers' duty to exercise care and diligence required of officers; when protected by act. Allen v. Board of Comm'rs of County of Wyandotte, 773 F.Supp. 1442 (1991).

26. State employee's acceptance of bribe as not within scope of employment and does not further state's business. Commerce Bank of St. Joseph, N.A. v. State, 251 K. 207, 215, 833 P.2d 996 (1992).

27. Public golf course noted as recreational use exception (75-6104(o)); nature of employee's negligence generally question for trier of fact. Gruhin v. City of Overland Park, 17 K.A.2d 388, 389, 836 P.2d 1222 (1992).

28. Liability of state noted where law enforcement employee breaches specific duty owed to individual rather than general public (75-6109(n)). Washington v. State, 17 K.A.2d 518, 521, 839 P.2d 555 (1992).

29. If the state cannot establish its entitlement to any of the exceptions in 75-6104, general rule herein governs. C.J.W. v. State, 253 K. 1, 13, 853 P.2d 4 (1993).

30. City owning and operating electric light plant and distribution system bound to same degree of care as public utility. Lamb v. City of Elsmore, 18 K.A.2d 641, 643, 644, 857 P.2d 1380 (1993).

31. Whether issue of KDHE acting outside of scope of enforcement of laws precluded summary judgment and whether city-county board of health has the capacity to sue or be sued examined. Lindenman v. Umscheid, 255 K. 610, 630, 636, 875 P.2d 964 (1994).

32. Whether state agencies owed duty to individual plaintiff day care owners for KTCA (75-6101 et seq.) liability purposes examined. P.W. v. Kansas Dept. of SRS, 255 K. 827, 831, 877 P.2d 430 (1994).

33. Whether KTCA (75-6101 et seq.) noncontract claim is subject to two-or three-year statute of limitations examined; KTCA does not create liability. Gehring v. State, 20 K.A.2d 246, 247, 249, 886 P.2d 370 (1994).

34. Whether written notice to municipality of claim under KTCA (75-6101 et seq.) against municipal employees is a prerequisite to filing suit examined. King v. Pimentel, 20 K.A.2d 579, 589, 890 P.2d 1217 (1995).

35. County's failure to obtain division of water resources approval for channel alteration from bridge construction precluded immunity. Johnson v. Board of Pratt County Comm'rs, 259 K. 305, 313, 318, 913 P.2d 119 (1996).

36. Placement of children by social worker immune from suit under KTCA discretionary function exception. Bolyard v. Kansas Dept. of SRS, 259 K. 447, 451, 912 P.2d 729 (1996).

37. SRS employees determining whether to investigate child abuse allegations are involved in a discretionary act for KTCA (75-6101 et seq.) purposes. Beebe v. Fraktman, 22 K.A.2d 493, 495, 921 P.2d 216 (1996).

38. Discretionary function may apply where there are no standards applicable to governmental action. Bird v. Kansas Dept. of Transportation, 23 K.A.2d 164, 171, 928 P.2d 915 (1996).

39. Defendants immune under 75-6104(d) notwithstanding public employee's failure to follow personnel policies; no independent duty of care owed injured party. Jarboe v. Board of Sedgwick County Comm'rs, 262 K. 615, 624, 938 P.2d 1293 (1997).

40. District court did not err in rejecting airport authority's claim of immunity under 75-6104. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 K.A.2d 1038, 940 P.2d 84 (1997).

41. Action filed against district judges concerning pretrial release procedures dismissed under KTCA (75-6101 et seq.) judicial function exception. Smith v. State, 264 K. 348, 358, 955 P.2d 1293 (1998).

42. Noted in dissent assertion that majority erred in upholding summary judgment for cemetery district. Brock v. Richmond-Berea Cemetery Dist., 264 K. 613, 626, 957 P.2d 505 (1998).

43. Hospital employees had no special relationship with plaintiffs creating a duty to act to prevent injury by patient. Hesler v. Osawatomie State Hospital, 266 K. 616, 623, 971 P.2d 1169 (1999).

44. While Kansas DOT has duty to protect the motoring public, Kansas DOT not required to maintain fence along all state highways. Reynolds v. Kansas Dept. of Transportation, 29 K.A.2d 695, 30 P.3d 1041 (2001).

45. KTCA (75-6101 et seq.) discretionary exception did not apply to deliberate indifference claim. Gaston v. Ploeger, 399 F.Supp.2d 1211, 1225 (2005).

46. No jurisdiction under Small Claims Procedure Act for certain claims under Kansas Tort Claims Act. Hauschulz v. Gobble, 35 K.A.2d 97, 128 P.3d 424 (2006).

47. Cited in discussion of recreational use exception involving school commons area. Poston v. U.S.D. No. 387, 286 K. 809, 812, 189 P.3d 517 (2008).

48. Subsections (d) and (e) of 75-6104 held to shield governmental entities from liability. Potts v. Board of Leavenworth County Comm'rs, 39 K.A.2d 71, 78, 179 P.3d 988 (2008).

49. Cited; there is no authority for damages against county officials for invalid determination under recall act. Collins v. Hoeme, 40 K.A.2d 93, 98, 189 P.3d 566 (2008).

50. Cited; discretionary function exception discussed and applied in student death case; also design immunity discussed. Wellhausen v. University of Kansas, 40 K.A.2d 102, 105, 189 P.3d 1181 (2008).

51. Cited; subsections (d) and (e) of 75-6104 not applicable where government owes duty of reasonable care to injured party. Thomas v. Board of Shawnee County Comm'rs, 40 K.A.2d 946, 965, 198 P.3d 182 (2008).

52. Cited in sexual harassment case involving actions of school volunteer; summary judgment denied school district. C.T. v. Liberal School District, 562 F.Supp.2d 1324, 1343 (2008).

53. State found to have waived immunity defense under Kansas tort claims act. Hill v. State, 53 K.A.2d 155, 194, 388 P.3d 122 (2016).

54. A state legislator driving home from Topeka was not acting within the scope of his employment. Long v. Houser, 57 K.A.2d 675, 685, 456, P.3d 549 (2020).

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