Kansas Statutes § 60-5006 Civil action to recover damages resulting from a fire event; fire claims against an electric public utility; standard of evidence; statute of limitations; maximum amount of punitive damages.

60-5006. Civil action to recover damages resulting from a fire event; fire claims against an electric public utility; standard of evidence; statute of limitations; maximum amount of punitive damages. (a) As used in this section: (1) "Commission" means the state corporation commission. (2) "Electric public utility" means a public utility as defined in K.S.A. 66-104, and amendments thereto, that is engaged in the generation, transmission or distribution of electricity. (3) "Fire claim" means any claim, whether based on negligence, nuisance, trespass or any other claim for relief, brought by a person against an electric public utility in a civil action to recover for damages resulting from a fire event. (4) "Fire event" means an uncontrolled or unplanned fire in the state alleged to have been caused by an electric public utility. (b) A fire claim shall be brought within two years of the date of the damage from the fire event that is the subject of such claim or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, except that in no event shall an action be commenced more than 10 years beyond the fire event. (c) After an injured plaintiff establishes by a preponderance of evidence that a loss was due to a fire event caused by an electric public utility's conduct, such plaintiff bringing a fire claim under this section may recover economic and noneconomic damages to compensate for any such loss. (d) Pursuant to K.S.A. 60-3702(e), and amendments thereto, punitive damages awarded under a fire claim brought pursuant to this section shall not exceed $5,000,000. History: L. 2025, ch. 53, § 1; July 1.