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Kansas Punitive Damages Laws: Cap, Proof and Who Sets the Amount

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Independently fact-checked against primary sources (last audited October 18, 2026). · 23 primary sources cited on this page. How we verify our legal content

Kansas Punitive Damages Laws: Cap, Proof and Who Sets the Amount

Kansas allows punitive damages, which its statutes also call exemplary damages, and K.S.A. 60-3702 controls how they are awarded: the plaintiff must prove willful conduct, wanton conduct, fraud or malice by clear and convincing evidence, the jury decides only whether punitive damages are allowed, and the court then sets the amount. Section 60-3702(e) generally caps the award at the lesser of the defendant's highest annual gross income in one of the five years before the act (or up to 50% of net worth if that figure is clearly inadequate) or $5 million, with a profit-based alternative in subsection (f).

A tort claim for punitive damages cannot appear in a petition without the court's permission (K.S.A. 60-3703), punitive damages are not recoverable in a wrongful death action, and governmental entities are generally not liable for them, except in claims arising from childhood sexual abuse (K.S.A. 75-6105(d)). For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kansas state law on punitive damages in civil cases: K.S.A. 60-3702 and 60-3703, the related pleading, government-liability, insurance and claim-specific statutes named below, and the Kansas Supreme Court decisions cited. It does not cover compensatory or noneconomic damages in medical malpractice cases (see Kansas medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Kansas wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.

Does Kansas allow punitive damages?

Yes. Kansas statutes regulate punitive damages rather than list every claim that allows them. K.S.A. 60-3702(a) applies "in any civil action in which exemplary or punitive damages are recoverable," and sets the two-step process described below. "Exemplary" and "punitive" damages mean the same thing in these statutes.

Which version applies. Two nearly identical sections sit side by side in the code. Section 60-3702 "shall apply only to an action based upon a cause of action accruing on or after July 1, 1988" (60-3702(h)). The earlier section, 60-3701, applies "only to an action based upon a cause of action accruing on or after July 1, 1987 and before July 1, 1988" (60-3701(i)). For a present-day claim, 60-3702 is the operative statute.

What must be proven

Section 60-3702(c) sets both the conduct standard and the burden of proof:

Kansas punitive damages laws: the standard of proof

"In any civil action where claims for exemplary or punitive damages are included, the plaintiff shall have the burden of proving, by clear and convincing evidence in the initial phase of the trial, that the defendant acted toward the plaintiff with willful conduct, wanton conduct, fraud or malice."

Any one of the four kinds of conduct can support the claim, and it must be conduct "toward the plaintiff." The burden is clear and convincing evidence, a higher standard than the preponderance of the evidence used for ordinary damages.

Section 60-3702(g) gives these terms "the meaning provided by" K.S.A. 60-3401, a section the Revisor of Statutes lists as expired on July 1, 1989. Applying the definition from 60-3401(f), the Kansas Supreme Court has described wanton conduct as "an act performed with a realization of the imminence of danger and a reckless disregard or complete indifference to the probable consequences of the act," and "more than ordinary negligence but less than a willful act" (Reeves v. Carlson, 266 Kan. 310, 969 P.2d 252 (1998)). In Reeves, the court affirmed a punitive award against an intoxicated driver, explaining that "the wanton conduct for which the punitive damages were assessed was not the collision, but his choice to drive under circumstances that would likely or probably result in a collision."

Employers and companies. Under 60-3702(d), punitive damages may not be assessed against "a principal or employer for the acts of an agent or employee unless the questioned conduct was authorized or ratified by a person expressly empowered to do so on behalf of the principal or employer," or against "an association, partnership or corporation for the acts of a member, partner or shareholder unless such association, partnership or corporation authorized or ratified the questioned conduct."

Real estate licensees. Two brokerage statutes repeat the standard for agents' statutory duties. A seller's or landlord's agent "shall not be liable for punitive or exemplary damages for the licensee's failure to perform any of the duties set forth in this section, unless such failure is shown by clear and convincing evidence that the licensee acted toward the plaintiff with willful conduct, wanton conduct, fraud or malice" (K.S.A. 58-30,106(k)). Section 58-30,107(h) applies the same rule to a buyer's or tenant's agent.

Who sets the amount: the court, not the jury

Kansas splits the decision. Under 60-3702(a), "the trier of fact shall determine, concurrent with all other issues presented, whether such damages shall be allowed. If such damages are allowed, a separate proceeding shall be conducted by the court to determine the amount of such damages to be awarded."

At that proceeding, 60-3702(b) lets the court consider:

  1. the likelihood at the time of the misconduct that serious harm would arise from it;
  2. the defendant's awareness of that likelihood;
  3. the profitability of the misconduct;
  4. the duration of the misconduct and any intentional concealment of it;
  5. the defendant's attitude and conduct upon discovery of the misconduct;
  6. the defendant's financial condition; and
  7. the total deterrent effect of other damages and punishment imposed on the defendant as a result of the misconduct.

At the end of the proceeding, "the court shall determine the amount of exemplary or punitive damages to be awarded and shall enter judgment for that amount" (60-3702(b)).

Is there a cap on punitive damages in Kansas?

Yes. Kansas has a general cap in K.S.A. 60-3702(e):

"Except as provided by subsection (f), no award of exemplary or punitive damages pursuant to this section shall exceed the lesser of: (1) The annual gross income earned by the defendant, as determined by the court based upon the defendant's highest gross annual income earned for any one of the five years immediately before the act for which such damages are awarded, unless the court determines such amount is clearly inadequate to penalize the defendant, then the court may award up to 50% of the net worth of the defendant, as determined by the court; or (2) $5 million."

The net-worth alternative. Item (1) is normally the defendant's best year of gross income in the five years before the act. If the court determines that amount "is clearly inadequate to penalize the defendant," the court may use up to 50% of the defendant's net worth instead. That alternative sits inside item (1); item (2), $5 million, is still the other side of the "lesser of" comparison.

The profit alternative. Subsection (f) is the one limit that replaces subsection (e). "In lieu of the limitation provided by subsection (e), if the court finds that the profitability of the defendant's misconduct exceeds or is expected to exceed the limitation of subsection (e), the limitation on the amount of exemplary or punitive damages which the court may award shall be an amount equal to 1 1/2 times the amount of profit which the defendant gained or is expected to gain as a result of the defendant's misconduct."

The court, not the jury, applies both limits, because the court sets the amount. The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Kansas judgments; the punitive damages hub explains them. Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.

Claim-specific limits and rules

Some statutes for particular claims set their own limits or rules alongside 60-3702:

  • Fire claims against electric utilities under K.S.A. 60-5006. A "fire claim" is a claim "brought by a person against an electric public utility" for damages from a fire "alleged to have been caused by an electric public utility" (60-5006(a)). "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" (60-5006(d)). The section was enacted in 2025 (L. 2025, ch. 53).
  • Trade secret misappropriation. Under the Kansas uniform trade secrets act, "if willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a)" (K.S.A. 60-3322(b)).
  • Abusive website access litigation under K.S.A. 60-5005. In an action by the attorney general or a Kansas resident against the party, attorney or law firm that brought litigation alleging a website access violation, if the trier of fact determines that "an initiator of an action under subsection (b) is a defendant in abusive litigation," the court may award attorney fees and costs to be paid by the party bringing the abusive litigation, and "in addition, the court may award punitive damages or sanctions not to exceed three times the amount of attorney fees awarded by the court" (60-5005(d)). The section is temporary: it expires when the attorney general certifies that the U.S. Department of Justice has issued website accessibility standards under title III of the Americans with Disabilities Act and notice of that certification is published in the Kansas register (60-5005(g)).
  • Weighing and measuring devices. A person liable because of "any inaccurate, false or rejected device used for weighing, measuring or both" pays double the property wrongfully taken or not given "and, in addition thereto, for punitive damages, the additional sum of $25, and reasonable attorney fees" (K.S.A. 83-217).
  • Health care stabilization fund. In the medical malpractice insurance system, "the fund shall have no obligations whatsoever for payment for punitive damages" (K.S.A. 40-3412(d)). For other malpractice rules, see Kansas medical malpractice law.
  • Arbitration. "An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim" (K.S.A. 5-443(a)).

Pleading a punitive damages claim

Kansas does not allow a tort claim for punitive damages in the original petition. K.S.A. 60-3703 provides:

"No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed."

The court may allow the amendment on a motion "and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." There is a deadline: "The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed on or before the date of the final pretrial conference held in the matter."

When the amendment is allowed, the amended petition "must state only whether the amount sought as damages is or is not in excess of $75,000" (K.S.A. 60-209(g)).

Does Kansas take a share of the award?

No general Kansas statute sends any part of a punitive award to the state or a fund. Article 37 of chapter 60 (K.S.A. 60-3701 to 60-3703) contains no provision diverting any part of an award, and none of the claim-specific statutes named on this page creates a state share.

Punitive damages in Kansas wrongful death cases

Punitive damages are not recoverable in the wrongful death action itself. In Smith v. Printup, 254 Kan. 315, 866 P.2d 985 (1993), the Kansas Supreme Court explained:

"The wrongful death action is a creature of statute, and we do not believe that the Kansas Legislature intended the wrongful death statute to permit an award of punitive damages. ... Likewise, our present statute does not authorize punitive damages and specifically identifies the type of damages that are recoverable. In accordance with earlier decisions of this court, absent an express provision in the statute authorizing punitive damages, we conclude that punitive damages are not recoverable in a wrongful death action in Kansas."

The wrongful death damages statute requires an itemized verdict for nonpecuniary damages, expenses for the care of the deceased caused by the injury, and other pecuniary damages (K.S.A. 60-1903(c)); punitive damages are not among those items. Separately, the survival statute provides that causes of action "for an injury to the person" and "for death by wrongful act or omission" survive (K.S.A. 60-1801). The bar applies to the wrongful death action, not to a survival claim: in Smith v. Printup the court distinguished an earlier case because it "included a survivor action, which supported a punitive damages claim," and noted that "a punitive damage award is incident to and dependent upon the recovery of actual damages." Who brings a death claim, the deadlines and the damages that are recoverable are on the Kansas wrongful death page.

Government defendants and public employees

Governmental entities and employees. K.S.A. 75-6105(c) provides: "A governmental entity shall not be liable for punitive or exemplary damages or for interest prior to judgment. An employee acting within the scope of the employee's employment shall not be liable for punitive or exemplary damages or for interest prior to judgment, except for any act or omission of the employee because of actual fraud or actual malice."

Kansas punitive damages laws: evidence and corporate records

Childhood sexual abuse claims. Since 2023, K.S.A. 75-6105(d) provides that the section "shall not apply to any claim for recovery of damages against a governmental entity arising from childhood sexual abuse as defined in K.S.A. 60-523," so the bar in subsection (c) does not reach those claims.

Indemnity under the Tort Claims Act. Under K.S.A. 75-6109, "a governmental entity shall not be liable under the provisions of this act for any punitive or exemplary damages against an employee," and it may recover payments it made if "the trier of fact finds that the act or omission of the employee was because of such employee's actual fraud or actual malice."

Defense costs. A governmental entity "may reimburse an employee such reasonable attorney fees, costs and expenses as are necessarily incurred in defending a claim against the employee for punitive or exemplary damages" if it finds that the action arose out of an act or omission in the scope of employment and the employee reasonably cooperated in good faith in the defense (K.S.A. 75-6108(f)). K.S.A. 75-6116(a)(2) allows the same reimbursement, under the 75-6108 conditions, in the civil rights actions that section covers.

Federal civil rights judgments. K.S.A. 75-6116(c) allows a governmental entity to "pay any part of a judgment taken against an employee of the governmental entity that is for punitive or exemplary damages for the violation of the civil rights laws of the United States" if it finds that the action arose out of an act or omission in the scope of employment, the employee reasonably cooperated in good faith in the defense, and the act or omission "was not the result of actual fraud or actual malice." Under 75-6116(d), that possibility may not be disclosed at trial, and disclosure is grounds for a mistrial.

Does insurance pay punitive damages in Kansas?

Only in limited situations. The statute and the case law point in different directions:

  • The statute. K.S.A. 40-2,115(a) provides that "it is not against the public policy of this state for a person or entity to obtain insurance covering liability for punitive or exemplary damages assessed against such insured as the result of acts or omissions, intentional or otherwise, of such insured's employees, agents or servants, or of any other person or entity for whose acts such insured shall be vicariously liable, without the actual prior knowledge of such insured."
  • Direct liability. In Flint Hills Rural Electric Cooperative Ass'n v. Federated Rural Electric Insurance Corp., 262 Kan. 512, 941 P.2d 374 (1997), the Kansas Supreme Court stated that "the public policy of the state prohibits insurance coverage for any entity found directly liable for punitive damages."
  • Authorization or ratification. In Hartford Accident & Indemnity Co. v. American Red Ball Transit Co., 262 Kan. 570, 938 P.2d 1281 (1997), the court held that "K.S.A. 40-2,115(a) conflicts with our decision in Kline and also conflicts with the provisions of K.S.A. 60-3701(d)," the authorization-or-ratification rule now also found in 60-3702(d), and that "the provisions of K.S.A. 40-2,115(a) do not apply in this case."

Kansas punitive damages at a glance

QuestionKansas ruleSource
Operative statute60-3702 for causes of action accruing on or after July 1, 1988; 60-3701 only for July 1, 1987 to July 1, 1988K.S.A. 60-3702(h), 60-3701(i)
Conduct standardWillful conduct, wanton conduct, fraud or malice toward the plaintiffK.S.A. 60-3702(c)
Burden of proofClear and convincing evidence, in the initial phase of trialK.S.A. 60-3702(c)
Who sets the amountTrier of fact decides whether; the court sets the amount in a separate proceedingK.S.A. 60-3702(a), (b)
General capLesser of highest annual gross income in the 5 prior years (or up to 50% of net worth if clearly inadequate) or $5 millionK.S.A. 60-3702(e)
Profit alternativeIn lieu of (e), up to 1.5 times the profit gained or expected from the misconductK.S.A. 60-3702(f)
Claim-specific limitsElectric-utility fire claims $5,000,000; trade secret misappropriation up to twice any award under (a); abusive website access litigation up to three times attorney fees; weighing devices a fixed $25K.S.A. 60-5006(d), 60-3322(b), 60-5005(d), 83-217
PleadingTort claims for punitive damages only by amended pleading the court allows; motion by the final pretrial conferenceK.S.A. 60-3703
Employer liabilityOnly if authorized or ratified by a person expressly empowered to do soK.S.A. 60-3702(d)
State shareNo general split-recovery statuteK.S.A. 60-3701 to 60-3703
Wrongful deathNot recoverable in the wrongful death action; a survival action can support a punitive claimSmith v. Printup (Kan. 1993)
Governmental entitiesNot liable, except childhood sexual abuse claims (75-6105(d)); employees only for actual fraud or actual malice; entity may pay an employee's punitive judgment for a federal civil rights violation on stated findingsK.S.A. 75-6105(c), (d); 75-6116(c)
InsuranceVicarious liability without prior knowledge may be insured; not direct liability or authorization or ratificationK.S.A. 40-2,115(a); Flint Hills (Kan. 1997); Hartford v. American Red Ball (Kan. 1997)

Recent changes

The general punitive damages section has not changed in decades: the history line for K.S.A. 60-3702 reads "L. 1988, ch. 209, § 3; L. 1992, ch. 307, § 3; July 1." The recent changes are claim-specific. In 2023 (L. 2023, ch. 28), K.S.A. 75-6105 gained subsection (d), which takes claims against a governmental entity arising from childhood sexual abuse outside the section, including its punitive damages bar. The abusive website access litigation section, K.S.A. 60-5005, also dates from 2023 (L. 2023, ch. 27), and the $5,000,000 limit on punitive damages for fire claims against electric public utilities in K.S.A. 60-5006(d) was enacted in 2025 (L. 2025, ch. 53).

This article provides general legal information about Kansas punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Kansas.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Kansas allow punitive damages?

Yes. K.S.A. 60-3702 governs exemplary or punitive damages in civil actions where they are recoverable, for causes of action accruing on or after July 1, 1988. The plaintiff must prove willful conduct, wanton conduct, fraud or malice by clear and convincing evidence.

Who decides the amount of punitive damages in Kansas?

The court. Under K.S.A. 60-3702(a), the trier of fact decides whether punitive damages are allowed, and if they are, the court holds a separate proceeding to determine the amount, considering the factors listed in 60-3702(b), such as the profitability of the misconduct and the defendant's financial condition.

Is there a cap on punitive damages in Kansas?

Yes, generally. K.S.A. 60-3702(e) limits an award to the lesser of the defendant's highest annual gross income in any one of the five years before the act (or up to 50% of net worth if the court finds that figure clearly inadequate) or $5 million. Under 60-3702(f), if the misconduct's profit exceeds that limit, the limit is instead 1.5 times the profit. Some claim-specific statutes, such as K.S.A. 60-5006(d) for fire claims against electric public utilities, set their own limits.

What must be proven for punitive damages in Kansas?

Under K.S.A. 60-3702(c), the plaintiff must prove by clear and convincing evidence, in the initial phase of the trial, that the defendant acted toward the plaintiff with willful conduct, wanton conduct, fraud or malice.

Are punitive damages available in a Kansas wrongful death case?

Not in the wrongful death action. In Smith v. Printup (1993), the Kansas Supreme Court concluded that punitive damages are not recoverable in a wrongful death action because the statute does not expressly authorize them. The court distinguished a survival action, which can support a punitive damages claim.

Can a punitive damages claim be included in the original petition in Kansas?

No. Under K.S.A. 60-3703, a tort claim for punitive damages may be added only by an amended pleading the court allows, on affidavits showing a probability that the plaintiff will prevail, and the motion must be filed on or before the date of the final pretrial conference.

Are punitive damages available against an employer in Kansas?

Only if the conduct was authorized or ratified. K.S.A. 60-3702(d) bars punitive damages against a principal or employer for an agent's or employee's acts unless the conduct was authorized or ratified by a person expressly empowered to do so on its behalf.

Are punitive damages available against the government in Kansas?

Generally not against a governmental entity. K.S.A. 75-6105(c) provides that a governmental entity shall not be liable for punitive or exemplary damages, except that under 75-6105(d) the section does not apply to claims against a governmental entity arising from childhood sexual abuse, and that an employee acting within the scope of employment is liable for them only for an act or omission because of actual fraud or actual malice.

Does insurance cover punitive damages in Kansas?

Only in limited situations. K.S.A. 40-2,115(a) says insuring punitive damages assessed because of an employee's or agent's acts, without the insured's actual prior knowledge, is not against public policy, but the Kansas Supreme Court held in Flint Hills (1997) that public policy prohibits coverage for an entity found directly liable, and in Hartford v. American Red Ball (1997) that 40-2,115(a) did not apply where punitive liability rested on authorization or ratification.

Does Kansas take part of a punitive damages award?

No general Kansas statute does. K.S.A. 60-3701 to 60-3703 contain no provision sending any part of a punitive award to the state or a fund.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. K.S.A. 60-3702: Punitive damages; trier of fact determines whether allowed; court sets amount; limitations(www.ksrevisor.gov).gov
  2. K.S.A. 60-3703: Filing an amended pleading to claim punitive damages(www.ksrevisor.gov).gov
  3. K.S.A. 60-3701: Punitive damages (causes of action accruing July 1, 1987 to July 1, 1988)(www.ksrevisor.gov).gov
  4. K.S.A. 58-30,106: Seller's or landlord's agent duties(www.ksrevisor.gov).gov
  5. K.S.A. 58-30,107: Buyer's or tenant's agent duties(www.ksrevisor.gov).gov
  6. 26 U.S.C. 104: Compensation for injuries or sickness(www.govinfo.gov).gov
  7. K.S.A. 60-5006: Fire claims against an electric public utility; maximum amount of punitive damages(www.ksrevisor.gov).gov
  8. K.S.A. 60-3322: Uniform trade secrets act; recovery of damages for misappropriation(www.ksrevisor.gov).gov
  9. K.S.A. 60-5005: Act against abusive website access litigation(www.ksrevisor.gov).gov
  10. K.S.A. 83-217: Damages for inaccurate weighing or measuring devices(www.ksrevisor.gov).gov
  11. K.S.A. 40-3412: Health care stabilization fund(www.ksrevisor.gov).gov
  12. K.S.A. 5-443: Arbitration remedies(www.ksrevisor.gov).gov
  13. K.S.A. 60-209: Pleading special matters(www.ksrevisor.gov).gov
  14. Smith v. Printup, 254 Kan. 315, 866 P.2d 985 (Kan. 1993)(static.case.law)
  15. K.S.A. 60-1903: Wrongful death damages; itemized verdict(www.ksrevisor.gov).gov
  16. K.S.A. 60-1801: Survival of causes of action(www.ksrevisor.gov).gov
  17. K.S.A. 75-6105: Governmental entity liability; no punitive or exemplary damages; childhood sexual abuse exception(www.ksrevisor.gov).gov
  18. K.S.A. 75-6109: Indemnification of employees; no punitive or exemplary damages(www.ksrevisor.gov).gov
  19. K.S.A. 75-6108: Defense of employees; reimbursement of defense costs(www.ksrevisor.gov).gov
  20. K.S.A. 75-6116: Defense and payment of employee costs in civil rights cases; payment of punitive damages judgments(www.ksrevisor.gov).gov
  21. K.S.A. 40-2,115: Liability insurance coverage for punitive damages(www.ksrevisor.gov).gov
  22. Flint Hills Rural Elec. Coop. Ass'n v. Federated Rural Elec. Ins. Corp., 262 Kan. 512, 941 P.2d 374 (Kan. 1997)(static.case.law)
  23. Hartford Accident & Indem. Co. v. American Red Ball Transit Co., 262 Kan. 570, 938 P.2d 1281 (Kan. 1997)(static.case.law)
  24. Kansas Legislature: K.S.A. 60-3702, 2025-2026 statute page(www.kslegislature.gov).gov
  25. Reeves v. Carlson, 266 Kan. 310, 969 P.2d 252 (Kan. 1998)(static.case.law)
  26. Senate Substitute for House Bill 2127 (2023), enrolled: amending K.S.A. 75-6105(www.kslegislature.gov).gov
  27. K.S.A. 60-3401 (definitions; expired July 1, 1989)(ksrevisor.gov).gov
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