Kansas Statutes Annotated

K.S.A. § 8-1913 (2026)

Liability for damage to highway or structure

✓ current as of May 2026

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8-1913. Liability for damage to highway or structure. (a) Any person driving any vehicle, object or contrivance upon any highway or highway structure shall be liable for all damage which said highway or structure may sustain as a result of any illegal operation, driving or moving of such vehicle, object or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this act but authorized by a special permit issued as provided in this article.

(b) Whenever such driver is not the owner of such vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage.

(c) Such damage may be recovered in a civil action brought by the authorities in control of such highways or highway structure.

History: L. 1974, ch. 33, § 8-1913; July 1.

Notes of Decisions

Cited in 1 case, 1982–1982 · leading case: State v. Gibson, 651 P.2d 949 (Kan. Ct. App. 1982).

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State v. Gibson, 651 P.2d 949 (Kan. Ct. App. 1982). “Defendant argues that he did not endanger the public; that if there was damage to the highway or bridges, it could be recovered under K.S.A. 8-1913. He further argues that for a small fee (five dollars) it is possible to obtain, by telephone, a permit to move an overweight…”

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