Kansas Statutes Annotated

K.S.A. § 60-513b (2026)

Limitations on actions for ionizing radiation injury

✓ current as of May 2026

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60-513b. Limitations on actions for ionizing radiation injury. No action may be brought to recover for an ionizing radiation injury more than two (2) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than ten (10) years from the date of the last occurrence to which the injury is attributed. Notwithstanding the foregoing provisions of this section to the contrary, no action may be brought to recover for an ionizing radiation injury arising out of the rendering of or the failure to render professional services by a health care provider more than four (4) years from the date of the last occurrence to which the injury is attributed. The provisions of this section as it was constituted prior to the effective date of this act* shall continue in force and effect for a period of two (2) years from the effective date of this act* with respect to any act giving rise to a cause of action occurring prior to the effective date of this act*.

History: L. 1968, ch. 6, § 3; L. 1976, ch. 254, § 2; July 1.

Notes of Decisions

Cited in 4 cases, 1994–2007 · leading case: Four Seasons Apts., Ltd. v. AAA Glass Serv., Inc., 152 P.3d 101 (Kan. Ct. App. 2007).

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Four Seasons Apts., Ltd. v. AAA Glass Serv., Inc., 152 P.3d 101 (Kan. Ct. App. 2007). “K.S.A. 60-513b includes a discoverability provision on claims for ionizing radiation injury, but claims are subject to a general 10-year period of repose and a 4-year period of repose on related medical negligence claims.”

Marzolf v. Gilgore, 914 F. Supp. 450 (D. Kan. 1996). · cites it 2× “K.S.A. § 60-513b illustrates that the legislature is aware that a series of treatments may cause an injury.”

Olheiser v. State Ex Rel. Workers Comp., 866 P.2d 768 (Wyo. 1994). “19, § 2361(c) (1985); Kan.Stat.Ann. § 60-513b (1983); Pa.Stat.Ann.”

Worker's Comp. Claim of Olheiser v. State ex rel. Wyoming Worker's Comp. Div., 866 P.2d 768 (1994). “19, § 2361(e) (1985); Kan.Stat.Ann. § 60-513b (1983); Pa.Stat.Ann.”

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