60-3304. Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses. (a) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design or performance, the product shall be deemed not defective by reason of design or performance, or, if the standard addressed warnings or instructions, the product shall be deemed not defective by reason of warnings or instructions, unless the claimant proves by a preponderance of the evidence that a reasonably prudent product seller could and would have taken additional precautions.
(b) When the injury-causing aspect of the product was not, at the time of manufacture, in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design, performance, warnings or instructions, the product shall be deemed defective unless the product seller proves by a preponderance of the evidence that its failure to comply was a reasonably prudent course of conduct under the circumstances.
(c) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this shall be an absolute defense and the product shall be deemed not defective for that reason, or, if the specification related to warnings or instructions, then the product shall be deemed not defective for that reason.
(d) When the injury-causing aspect of the product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, the product shall be deemed defective for that reason, or if the specification related to warnings or instructions, the product shall be deemed defective for that reason.
History: L. 1981, ch. 231, ยง 4; July 1.
Structure Kansas Statutes
Article 33 - Actions Relating To Commercial Activity
60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.
60-3306 Seller not subject to liability, when.
60-3307 Inadmissible evidence.
60-3321 Misappropriation of trade secret; injunctive or other protective relief.
60-3323 Award of attorney fees, when.
60-3324 Preservation of trade secret during action.
60-3325 Time limit for bringing action.
60-3329 Severability of provisions of act.
60-3334 Same; waiver of privilege; exceptions; burden of proof; review; return of report.
60-3337 Statutory and common-law privileges not affected.
60-3339 Compliance with act shall be considered by tribunal in determining penalties.
60-3351 Insurance compliance self-evaluative privilege.
60-3352 Same; in camera review; effect on admissibility of documents.
60-3353 Same; in camera review; procedure.
60-3354 Same; assertion of privilege; burden of proof.