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38-120

Chapter 38.--MINORS Article 1.--GENERAL PROVISIONS

38-120. Recovery from parents for malicious or willful acts by certainchildren; limitations.Any person receiving bodily injuryor any person, partnership,corporation, political subdivision or other entity whose property has beendamaged or destroyed shall be entitled to recover damages inan appropriate action at law in a court of competent jurisdiction fromthe parents of any child, living withthe parents, who maliciously or willfully injured such person or damagedor destroyed such property while under the age of 18years. Suchrecovery shall be limited to the actual damages inan amount not to exceed $5,000, inaddition totaxable court costs, unless the court or jury finds that the maliciousor willful act of such minor causing such injury, damage or destruction is theresult of parental neglect, in which event the $5,000 limitation does notapply. Recovery under this sectionfor bodilyinjury shall be limited to actual medical expenses.

History: L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978,ch. 156, § 1;L. 1995, ch. 257, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article1 > Statutes_15508

38-120

Chapter 38.--MINORS Article 1.--GENERAL PROVISIONS

38-120. Recovery from parents for malicious or willful acts by certainchildren; limitations.Any person receiving bodily injuryor any person, partnership,corporation, political subdivision or other entity whose property has beendamaged or destroyed shall be entitled to recover damages inan appropriate action at law in a court of competent jurisdiction fromthe parents of any child, living withthe parents, who maliciously or willfully injured such person or damagedor destroyed such property while under the age of 18years. Suchrecovery shall be limited to the actual damages inan amount not to exceed $5,000, inaddition totaxable court costs, unless the court or jury finds that the maliciousor willful act of such minor causing such injury, damage or destruction is theresult of parental neglect, in which event the $5,000 limitation does notapply. Recovery under this sectionfor bodilyinjury shall be limited to actual medical expenses.

History: L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978,ch. 156, § 1;L. 1995, ch. 257, § 5; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter38 > Article1 > Statutes_15508

38-120

Chapter 38.--MINORS Article 1.--GENERAL PROVISIONS

38-120. Recovery from parents for malicious or willful acts by certainchildren; limitations.Any person receiving bodily injuryor any person, partnership,corporation, political subdivision or other entity whose property has beendamaged or destroyed shall be entitled to recover damages inan appropriate action at law in a court of competent jurisdiction fromthe parents of any child, living withthe parents, who maliciously or willfully injured such person or damagedor destroyed such property while under the age of 18years. Suchrecovery shall be limited to the actual damages inan amount not to exceed $5,000, inaddition totaxable court costs, unless the court or jury finds that the maliciousor willful act of such minor causing such injury, damage or destruction is theresult of parental neglect, in which event the $5,000 limitation does notapply. Recovery under this sectionfor bodilyinjury shall be limited to actual medical expenses.

History: L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978,ch. 156, § 1;L. 1995, ch. 257, § 5; July 1.