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:
(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, ยง 7; July 1.
Structure Kansas Statutes
Article 49 - Silica And Asbestos
60-4901 Silica and asbestos claims act; definitions.
60-4902 Same; claim requirements.
60-4903 Same; filing of prima facie evidence of claim.
60-4904 Same; preclusion of claims, when.
60-4905 Same; premises owner liability.
60-4906 60-4906.Same; affect on other laws.
60-4907 Same; burden of proof.
60-4908 Same; applicability of act.
60-4910 Same; preemption by federal law, effect of.
60-4911 Same; citation of act.
60-4912 Asbestos trust claims transparency act; citation of act.
60-4914 Same; duties of plaintiff.
60-4915 Same; filing of asbestos trust claims.