Kansas Statutes Annotated

K.S.A. § 60-452 (2026)

Offer to compromise and the like, not evidence of liability

✓ current as of May 2026

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60-452. Offer to compromise and the like, not evidence of liability. Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove his or her liability for the loss or damage of any part of it. This section shall not affect the admissibility of evidence (a) of partial satisfaction of an asserted claim on demand without questioning its validity, as tending to prove the validity of the claim, or (b) of a debtor's payment or promise to pay all or a part of his or her pre-existing debt as tending to prove the creation of a new duty on his or her part, or a revival of his or her pre-existing duty.

History: L. 1963, ch. 303, 60-452; January 1, 1964.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1981–2021 · leading case: Hess v. St. Francis Reg'l Med. Ctr., 869 P.2d 598 (Kan. 1994).

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Hess v. St. Francis Reg'l Med. Ctr., 869 P.2d 598 (Kan. 1994). · cites it 4× “K.S.A. 60-452 provides in part that evidence a person has, in compromise, furnished money or any other thing to another who claims to have sustained loss or damage is inadmissible to prove his or her liability for the loss or damage or any part of it.”

Lytle v. Stearns, 830 P.2d 1197 (Kan. 1992). · cites it 5× “The Lytles also assert that K.S.A. 60-452 and K.S.A. 60-453 prohibit evidence of compromise, settlement, or invalidity of a claim.”

Dodson Aviation, Inc. v. Rollins, Burdick, Hunter of Kansas, Inc., 807 P.2d 1319 (Kan. Ct. App. 1991). · cites it 5× “Underwriters also submitted a motion in limine seeking to exclude any testimony at trial concerning the fair market value of the airplane as irrelevant and, pursuant to K.S.A. 60-452, to also exclude any testimony concerning settlement negotiations.”

Reich v. Reich, 680 P.2d 545 (Kan. 1984). · cites it 4× “K.S.A. 60-452, relating to the nonadmissibility of evidence of offers to compromise damage or loss, is inapplicable.”

Ettus v. Orkin Exterminating Co., 665 P.2d 730 (Kan. 1983). · cites it 2× “K.S.A. 60-452 provides: “Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove…”

Smith v. Massey-Ferguson, Inc., 883 P.2d 1120 (Kan. 1994). · cites it 3× “On appeal, the Lytles argued that the settlement should not have been disclosed, that Ratterree applies only to agreements whereby a defendant may reduce an obligation by increasing the liability of one or more codefendants, and that K.S.A. 60-452 and 60-453 prohibit evidence of…”

Griffin v. Suzuki Motor Corp., 124 P.3d 57 (Kan. 2005). “2d 598 (1994), this court held that per K.S.A. 60-452 and 60-453, offers and acceptances of settlements are generally inadmissible and the “admission of the evidence of settlement was not within the discretion permitted a trial court.”

Atkinson v. Orkin Exterminating Co., 625 P.2d 505 (Kan. Ct. App. 1981). “K.S.A. 60-452 states: “Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove…”

City of Neodesha v. BP Corp. North Am., Inc., 334 P.3d 830 (Kan. Ct. App. 2014). “The trial court granted the Plaintiffs’ motion for a protective order with respect to discussions and thought processes of the members of the BP work group based on K.S.A. 60-452 and K.S.A. 60-453. However, the trial court also ordered the Plaintiffs to produce their documents…”

Home Life Ins. v. Clay, 773 P.2d 666 (Kan. Ct. App. 1989). “The $46,000 was part of a settlement attempt and, similar to what exists under K.S.A. 60-452 with relation to offers and compromise as evidence of liability, its offer here was an attempt to satisfy all of Clay’s obligations.”

Thomas v. Am. Fam. Mut. Ins. Co., 666 P.2d 676 (Kan. 1983). “The trial court overruled objections to the testimony and, on appeal, it is asserted the testimony was in violation of the order in limine and K.S.A. 60-452. We find no error in the cross-examination of Andrews.”

Haley ex rel. Haley v. Brown, 140 P.3d 1051 (Kan. Ct. App. 2006). “K.S.A. 60-452 states: “Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove…”

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