Burden of proof

60-4907. Burden of proof. (a) In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party was a substantial factor in causing the injury, loss or damages. (b) In determining whether any given claimed or alleged exposure was a substantial factor in causing the plaintiff's injury, loss or damages, the court shall consider, without limitation, all of the following: (1) The manner in which the plaintiff was exposed. (2) The proximity to the plaintiff when the exposure occurred. (3) The frequency and length of the plaintiff's exposure;* (4) Any factors that mitigated or enhanced the plaintiff's exposure. History: L. 2006, ch. 196, § 7; July 1. Revisor's Note: * This semicolon should have been a period instead. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026