K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-1801 (2026)

Survival of actions; what causes of action survive

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60-1801. Survival of actions; what causes of action survive. In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, or for death by wrongful act or omission, shall also survive; and the action may be brought notwithstanding the death of the person entitled or liable to the same.

History: L. 1963, ch. 303, 60-1801; January 1, 1964.

Notes of Decisions
Cited in 70 cases (18 in the last 5 years), 1924–2026 · leading case: Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004).
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Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004). · cites it 6× “45-221(a)(30), which provides that an agency is not required to disclose “[pjublic records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.”
Jeanes v. Bank of Am., N.A., 295 P.3d 1045 (Kan. 2013). · cites it 6× “We answer this question “no” because the cause of action arose after the decedent’s death which means it does not qualify as a survival claim under K.S.A. 60-1801. Accordingly, we affirm the judgment of the Court of Appeals and the district court on this issue.”
Valadez v. Emmis Commc'ns, 229 P.3d 389 (Kan. 2010). · cites it 4× “60-1801 reads: “In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, or for death by wrongful act or omission, shall also survive; and the…”
Jeanes v. Bank of Am., N.A., 191 P.3d 325 (Kan. Ct. App. 2008). · cites it 17× “Did the trial court err in granting summary judgment on the tort claims against Kunard because they had accrued after Anton’s death? Jeanes argues that the trial court erred in failing to find the Kansas survival statute, K.S.A. 60-1801, applied to allow her to *289 bring tort…”
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). · cites it 6× “60-3702 and 60-3703, and the Kansas survival statute, K.S.A. 60-1801, do not directly answer this question, leaving an ambiguity.”
Lowe v. Experian, 340 F. Supp. 2d 1170 (D. Kan. 2004). · cites it 12× “Plaintiffs State-Law Tort Claims In Kansas, whether a cause of action survives the plaintiffs death is determined by Kan. Stat. Ann. § 60-1801 and § 60-1802. Section 60-1801 provides: In addition to the causes of action which survive at common law, causes of action for mesne…”
Anspach v. Tomkins Indus., Inc., 817 F. Supp. 1499 (D. Kan. 1993). · cites it 2× “John bases his claim for intentional infliction of emotional distress on the following incidents: (1) the defendants’ participation in and condonation of the sexual harassment of his wife; (2) the defendants’ retaliation against him for opposing the harassment, specifically, by…”
Kloster v. Hancock (In Re Rockhill Pain Specialists, P.A.), 412 P.3d 1008 (Kan. Ct. App. 2017). · cites it 2× “The court examined K.S.A. 60-1801, which provided that a cause of action for injury to the person survives that person's death.”
Carter v. City of Emporia, Kan., 543 F. Supp. 354 (D. Kan. 1982). · cites it 4× “60-1801, provides: “In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, or for death by wrongful act or omission, shall also survive; and…”
Burnette v. Eubanks, 425 P.3d 343 (Kan. 2018). “See K.S.A. 60-1801 (cause of action for personal injury by wrongful act or omission survives death of person entitled to maintain claim).”
Marler v. Hiebert, 960 F. Supp. 253 (D. Kan. 1997). · cites it 4× “Under K.S.A. § 60-1801, the administrator of the decedent’s estate may bring a cause of action for the decedent’s injuries prior to death (“survival action”).”
M.F. v. ADT, Inc., 357 F. Supp. 3d 1116 (D. Kan. 2018). · cites it 4× “Count II: Administrator's Negligence Claim Administrator brings a claim for negligence under K.S.A. § 60-1801, alleging Defendant owed decedent and Minor certain duties separate and apart from its contractual duties: 1) exercising a reasonable degree of care in monitoring and…”
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