Kansas Statutes Annotated
K.S.A. § 60-1901 (2026)
Cause of action
✓ current as of May 2026
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60-1901. Cause of action. (a) If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had such person lived, in accordance with the provisions of this article, against the wrongdoer, or such wrongdoer's personal representative if such wrongdoer is deceased.
(b) As used in article 19 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, the term "person" includes an unborn child.
(c) As used in this section, the term "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(d) The provisions of this section shall not apply to a wrongful death action if the death is of an unborn child by means of:
(1) Any act committed by the mother of the unborn child;
(2) any lawful medical procedure performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian;
(3) the lawful dispensation or administration of lawfully prescribed medication; or
(4) a legal abortion.
(e) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1963, ch. 303, 60-1901; L. 2013, ch. 48, § 2; July 1.
Notes of Decisions
Cited in 83
cases (12 in the last 5 years), 1965–2026 · leading case: Martin v. Naik, 300 P.3d 625 (Kan. 2013).
Martin v. Naik, 300 P.3d 625 (Kan. 2013). “In this discussion, the Nesbit court discussed a version of the wrongful death act that predates the current act found at K.S.A. 60-1901 et seq. Nevertheless, Nesbit is helpful to our analysis because the two versions of the wrongful death act are substantively *249 the same in…”
Siruta Ex Rel. Heirs at Law of Siruta v. Siruta, 348 P.3d 549 (Kan. 2015). “But this case is not the typical suit brought pursuant to the Kansas Wrongful Death Act, K.S.A. 60-1901 et seq., due to a few unusual iterations: Here a bereaved father sues his wife, the bereaved mother; the two parties are the sole heirs at law of a decedent child; and, to add…”
Johnson v. McArthur, 596 P.2d 148 (Kan. 1979). “The sole question involved in this appeal is who is an heir at *130 law of a deceased so as to be the real party in interest in bringing an action for wrongful death under the provisions of K.S.A. 60-1901 et seq. This is a question of first impression.”
Natalini v. Little, 92 P.3d 567 (Kan. 2004). “60-513(c), which includes a statute of repose for med *143 ical malpractice lawsuits, and K.S.A. 60-1901, which outlines the requirements for a Kansas wrongful death action.”
Patrons Mut. Ins. v. Kerl Ex Rel. Harmon, 732 P.2d 741 (Kan. 1987). “60-1801), which are excluded under the policy, but damages “for his losses as an heir” (K.S.A. 60-1901). In addition, the court held that the policy clauses excluding coverage for bodily injury to any insured and excluding coverage for intentional or expected acts were ambiguous…”
Mason v. Gerin Corp., 647 P.2d 1340 (Kan. 1982). “The two years expired in October 1979, and since Texaco was not brought in as a defendant until July 1980, Otis Mason’s action for personal injuries was time barred.”
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020). “The estate also alleges what it characterizes as a wrongful death claim against Brown and Snyder under K.S.A. 2018 Supp. 60-1901(a). The wrongful death statute allows the recovery of specified damages when one person's "wrongful act or omission" results in the death of another…”
Hodes & Nauser, MDS, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019). “22-4009 (prohibition against execution of a pregnant convict); K.S.A. 2018 Supp. 60-1901(b) (action for wrongful death of unborn child); K.”
Stevens v. Stevens, 647 P.2d 1346 (Kan. 1982). “The defendant, Mary Connie Stevens, filed a motion to dismiss the action on the ground interspousal tort immunity would have barred an action by the father against his wife and under the wrongful death statute, K.S.A. 60-1901, an action by the children is barred also.”
M.F. v. Adt, Inc., 357 F. Supp. 3d 1116 (D. Kan. 2018). “("ADT") for wrongful death under K.S.A. § 60-1901. Plaintiff Charles E. Frost, Jr.”
Pennie A. Carl v. The City of Overland Park, Kansas Myron Scafe, Chief of Police & Lee Williams, Officer, 65 F.3d 866 (10th Cir. 1995). “See K.S.A. §§ 60-1901, 75-6103(a). The district court granted summary judgment to Defendants on alternative grounds, holding that Carl had failed to show either: (1) that Defendants breached a duty to Nelson, or (2) that any breach was the proximate cause of Nelson’s death.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993). “K.S.A. 60-1901. Moreover, K.S.A. 1992 Supp.”
Humes v. Clinton, 792 P.2d 1032 (Kan. 1990). “Under this state’s wrongful death statute, the personal representative of a person killed by the wrongful act or omission of another may maintain an action for damages resulting from the negligent act if the decedent might have maintained the action had he or she lived.”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “336 (1987); Kan.Stat.Ann. § 60-1901 (1983); Ky.Rev.Stat.”
Martin v. Naik, 228 P.3d 1092 (Kan. Ct. App. 2010). “Statutes As a preliminary matter, we must be mindful of the distinctions between wrongful death actions authorized by K.S.A. 60-1901 et seq. and survival actions authorized by K.”
Davidson v. Denning, 914 P.2d 936 (Kan. 1996). “Nature of Wrongful Death Actions K.S.A. 60-1901 provides: “If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had he or she lived, in…”
Ingram v. Howard-Needles-Tammen & Bergendoff, 672 P.2d 1083 (Kan. 1983). “(survival action) and K.S.A. 60-1901 et seq. (wrongful death action).”
Allman Ex Rel. Watters v. Holleman, 667 P.2d 296 (Kan. 1983). “K.S.A. 60-1901 and 60-1902. Except for pecuniary loss, damages in a wrongful death action cannot exceed $25,000.”
State v. Trudell, 755 P.2d 511 (Kan. 1988). “60-1901, which reads as follows: “If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had he or she lived, in accordance with the provisions…”
Crockett v. Medicalodges, Inc., 799 P.2d 1022 (Kan. 1990). “” K.S.A. 60-1901 creates a cause of action for wrongful death.”
Natalini v. Little, 185 S.W.3d 239 (Mo. Ct. App. 2006). “60 — 513(c), the medical malpractice statute of limitations] and K.S.A. 60-1901 [the wrongful-death act] will combine to cut it off before it can accrue, ie.”
Frost v. Hardin, 571 P.2d 11 (Kan. Ct. App. 1977). “” (K.S.A. 60-1901.) “The action may be commenced by any one of the heirs at law of the deceased who has sustained a loss by reason of the death.”
Burnette v. Eubanks, 379 P.3d 372 (Kan. Ct. App. 2016). “We hold that a contributing cause is a cause as the term is used in the wrongful death statute, K.S.A. 60-1901. In other words, if your negligence contributes to the cause of death and it is foreseeable, then you can be held liable for that death in proportion to your percentage…”
Frost v. ADT, 947 F.3d 1261 (10th Cir. 2020). “See K.S.A. § 60-1901(a). That statute states that M.”
Shelton v. DeWitte, 26 P.3d 650 (Kan. 2001). “A decree of descent was issued by the judge in the probate proceeding stating that the Sheltons are the heirs at law for purposes of the wrongful death statute and declaring that the Sheltons are the persons entitled to bring an action under K.S.A. 60-1901 et seq. for the death…”
Tank v. Chronister, 951 F. Supp. 182 (D. Kan. 1997). “K.S.A. § 60-1901 to -1905. The plaintiff in this action, James Tank, is the adult son and heir at law of the decedent.”
Flagg v. Loy, 734 P.2d 1183 (Kan. 1987). “60-1901 provides: “If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had he or she lived, in accordance with the provisions of this…”
McCart v. Muir, 641 P.2d 384 (Kan. 1982). “60-258a, in an action for death by wrongful act brought under K.S.A. 60-1901 et seq., the percentage of causal fault attributable to *631 decedent’s negligence plus the percentage of additional causal fault attributable to any direct negligence of the plaintiff are to be…”
Sudac Ex Rel. Sudac v. Hoang, 378 F. Supp. 2d 1298 (D. Kan. 2005). “§ 1983 ; and the Kansas Wrongful Death Act, K.S.A. § 60-1901 et seq. 1 *1300 As a result of the shooting death of Tomis-lav Pevac, plaintiff seeks compensatory and punitive damages, as well as injunctive relief, from defendants Trung Hoang, Ron Miller, and the Unified Government…”
Moore Ex Rel. Moore v. Bd. of Cnty. Commissioners, 470 F. Supp. 2d 1237 (D. Kan. 2007). “Specifically, defendants argue that Kansas law provides plaintiffs a common law negligence claim and statutory claims under the wrongful death statute, K.S.A. § 60-1901 et seq., and the Kansas Tort Claims Act (“KTCA”), K.”
Yetsko Ex Rel. Galloway v. Panure, 35 P.3d 904 (Kan. 2001). “8-222 to his mother because she permitted William to drive the vehicle, and the wrongful death statute, K.S.A. 60-1901, permits an action only where the decedent could have maintained one.”
Marler v. Hiebert, 960 F. Supp. 253 (D. Kan. 1997). “Plaintiff brings this action for wrongful death of his wife, Brandi Marler, pursuant to K.S.A. §§ 60-1901 and 1902. Federal jurisdiction is based exclusively on diversity of citizenship.”
Pape Ex Rel. Johansen v. Kansas Power & Light Co., 647 P.2d 320 (Kan. 1982). “Defendant argues that, under the Kansas Wrongful Death Act (K.S.A. 60-1901 et seq.), evidence of a widow’s remarriage is admissible on the question of mitigation of her damages.”
Turman v. Ameritruck Refrigerated Transp., Inc., 125 F. Supp. 2d 444 (D. Kan. 2000). “Section 60-1905 of the Act, which governs distribution of proceeds recovered in wrongful death actions, states as follows: The net amount recovered in any such action, after the allowance by the judge of costs and reasonable attorneys fees to the attorneys for the plaintiffs, in…”
Brubaker Ex Rel. Brubaker v. Cavanaugh, 542 F. Supp. 944 (D. Kan. 1982). “Defendant seeks summary judgment on the basis that applicable statutes of limitation bar each of the causes of action alleged by plaintiff, that the wrongful life and wrongful birth claim are not legally cognizable causes of action, and that the claims made for the wrongful…”
Mozier v. Parsons, 852 F. Supp. 925 (D. Kan. 1994). “Emily’s parents have brought their action for wrongful death pursuant to K.S.A. § 60-1901, et seq. The administrator seeks to recover for Emily’s estate damages related to conscious pain and suffering experienced by Emily prior to her death, pursuant to K.”
Fry Ex Rel. Est. of Fry v. City of Galena, 450 F. Supp. 2d 1236 (D. Kan. 2006). “§ 1983 ; and the Kansas Wrongful Death Act, K.S.A. § 60-1901 et seq. As a result of the shooting death of Timothy Michael Fry, Ms.”
Hembree v. Tinnin, 807 F. Supp. 109 (D. Kan. 1992). “Plaintiff brings this action pursuant to the Kansas wrongful death statute, K.S.A. § 60-1901 et seq., and the Kansas survival action statute, K.”
Jeanes v. Bank of Am., N.A., 191 P.3d 325 (Kan. Ct. App. 2008). “” Jeanes asserts that this statement is dicta because the Mason court was concerned with whether the statute of limitations had run on a wife’s wrongful death claim under K.S.A. 60-1901 et seq. Jeanes further points out that the Mason court relied on Flowers, Administratrix v.”
Ash v. Farwell, 37 F.R.D. 553 (D. Kan. 1965). “Franks, and that they bring this action under the Kansas Wrongful Death Statute, Section 60-1901 et seq., Session Laws of Kansas, 1963, to recover damages against defendant for what plaintiffs contend was the wrongful death of their husband and father caused by the negligent…”
Frost v. Hardin, 577 P.2d 1172 (Kan. 1978).
Parker v. Mid-Century Ins., 962 P.2d 1114 (Kan. Ct. App. 1998).
Bonura v. Sifers, 181 P.3d 1277 (Kan. Ct. App. 2008).
Boody v. United States, 706 F. Supp. 1458 (D. Kan. 1989).
Cochrane v. Schneider Nat'l Carriers, Inc., 980 F. Supp. 374 (D. Kan. 1997).
Carter v. City of Emporia, Kan., 543 F. Supp. 354 (D. Kan. 1982).
Kelley v. Barnett, 932 P.2d 471 (Kan. Ct. App. 1997).
Shinkle v. Union City Body Co., 94 F.R.D. 631 (1982).
Newton v. Amhof Trucking, Inc., 385 F. Supp. 2d 1103 (D. Kan. 2004).
Reindl v. City of Leavenworth, Kansas, 443 F. Supp. 2d 1222 (D. Kan. 2006).
McDonald v. Ward, 919 S.W.2d 251 (Mo. Ct. App. 1996).
Schmidt v. Shearer, 995 P.2d 381 (Kan. Ct. App. 1999).
Horace Mann Ins. v. Ammerman, 630 F. Supp. 114 (D. Kan. 1986).
Adams v. Via Christi Reg'l Med. Ctr., 19 P.3d 132 (Kan. 2001).
Carter v. City of Emporia, 815 F.2d 617 (10th Cir. 1987).
Goldsmith v. Learjet, Inc., 917 P.2d 810 (Kan. 1996).
Klaus v. Fox Valley Sys., Inc., 912 P.2d 703 (Kan. 1996).
Tank v. Chronister, 160 F.3d 597 (10th Cir. 1998).
Morningstar v. Gen. Motors Corp., 847 F. Supp. 489 (S.D. Miss. 1994).
Toomes v. Cont'l Oil Co., 402 S.W.2d 321 (Mo. 1966).
Burdett v. Harrah's Kansas Casino Corp., 311 F. Supp. 2d 1166 (D. Kan. 2004).
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016).
Karhoff v. Nat'l Mills, Inc., 851 P.2d 1021 (Kan. Ct. App. 1993).
Goldsmith v. Learjet, Inc., 90 F.3d 1490 (10th Cir. 1996).
Burnette v. Eubanks, 425 P.3d 343 (2018). “) K.S.A. 60-1901(a). Second, defendants do not question the panel's conclusion that comparative fault applies in wrongful death actions, nor do they suggest *350 the causal requirement in wrongful death actions is more stringent than other negligence claims.”
Bragg v. Big Heart Pet Brands, Inc. (D. Kan. 2021).
Noone v. Chalet of Wichita, 96 P.3d 674 (Kan. Ct. App. 2004).
Heimerman v. Rose, 414 P.3d 745 (Kan. 2018). “K.S.A. 2016 Supp. 60-1901(a) authorizes the Kansas wrongful death cause of action.”
Smart v. City of Wichita, Kansas (D. Kan. 2020).
Vallier v. Davila (D. Kan. 2020).
Chadwell v. United States of Am., The (D. Kan. 2022).
Schmidt v. Am. Fam. Mut. Ins. Co., S.I. (D. Kan. 2022).
Chadwell v. United States of Am., The (D. Kan. 2023).
Chadwell v. United States of Am., The (D. Kan. 2023).
Est. of C. L. J. C. v. Joplin, Missouri, City of (D. Kan. 2024).
Garrels v. Union Pac. R.R. Co. (D. Kan. 2024).
Chadwell (D. Kan. 2026).
Adams v. Via Christi Reginal Med. Ctr., 19 P.3d 132 (Kan. 2001).
Lawton v. Park Vill. Cmty., LLC (D. Kan. 2022).
B.H. v. P.B. (Kan. Ct. App. 2024).
Chadwell v. United States of Am., The (D. Kan. 2024).
Chadwell v. United States of Am., The (D. Kan. 2024).
Thomas v. Brooks Run Min. Co., LLC, 504 F. Supp. 2d 121 (S.D.W. Va 2007).
— K.S.A. § 60-1901(a) — 5 cases
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020). “The estate also alleges what it characterizes as a wrongful death claim against Brown and Snyder under K.S.A. 2018 Supp. 60-1901(a). The wrongful death statute allows the recovery of specified damages when one person's "wrongful act or omission" results in the death of another…”
Frost v. ADT, 947 F.3d 1261 (10th Cir. 2020). “See K.S.A. § 60-1901(a). That statute states that M.”
Burnette v. Eubanks, 379 P.3d 372 (Kan. Ct. App. 2016). “We hold that a contributing cause is a cause as the term is used in the wrongful death statute, K.S.A. 60-1901. In other words, if your negligence contributes to the cause of death and it is foreseeable, then you can be held liable for that death in proportion to your percentage…”
Burnette v. Eubanks, 425 P.3d 343 (2018). “) K.S.A. 60-1901(a). Second, defendants do not question the panel's conclusion that comparative fault applies in wrongful death actions, nor do they suggest *350 the causal requirement in wrongful death actions is more stringent than other negligence claims.”
Heimerman v. Rose, 414 P.3d 745 (Kan. 2018). “K.S.A. 2016 Supp. 60-1901(a) authorizes the Kansas wrongful death cause of action.”
— K.S.A. § 60-1901(b) — 1 case
Hodes & Nauser, MDS, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019). “22-4009 (prohibition against execution of a pregnant convict); K.S.A. 2018 Supp. 60-1901(b) (action for wrongful death of unborn child); K.”
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