Kansas Statutes 60-4907. Same; 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:
Terms Used In Kansas Statutes 60-4907
- Asbestos: means all minerals defined as asbestos in 29 C. See Kansas Statutes 60-4901
- Civil action: means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. See Kansas Statutes 60-4901
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Silica: means a respirable crystalline form of silicon dioxide, including, but not limited to, alpha quartz, cristobalite and trydmite. See Kansas Statutes 60-4901
(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.