State Codes and Statutes

Statutes > Kansas > Chapter60 > Article33 > Statutes_24381

60-3304

Chapter 60.--PROCEDURE, CIVIL
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3304.   Legislative regulatory standards or administrative regulatorysafety 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 regulatorysafety standards relating to design or performance, the product shall bedeemed not defective by reason of design or performance, or, if the standardaddressed warnings or instructions, the product shall be deemed not defectiveby reason of warnings or instructions, unless the claimant proves by a preponderanceof the evidence that a reasonably prudent product seller could and wouldhave taken additional precautions.

      (b)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with legislative regulatory standards or administrativeregulatory safety standards relating to design, performance, warnings orinstructions, the product shall be deemed defective unless the product sellerproves by a preponderance of the evidence that its failure to comply wasa reasonably prudent course of conduct under the circumstances.

      (c)   When the injury-causing aspect of the product was, at the time ofmanufacture, in compliance with a mandatory government contract specificationrelating to design, this shall be an absolute defense and the product shallbe deemed not defective for that reason, or, if the specification relatedto warnings or instructions, then the product shall be deemed not defectivefor that reason.

      (d)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with a mandatory government contract specificationrelating to design, the product shall be deemed defective for that reason,or if the specification related to warnings or instructions, the productshall be deemed defective for that reason.

      History:   L. 1981, ch. 231, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article33 > Statutes_24381

60-3304

Chapter 60.--PROCEDURE, CIVIL
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3304.   Legislative regulatory standards or administrative regulatorysafety 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 regulatorysafety standards relating to design or performance, the product shall bedeemed not defective by reason of design or performance, or, if the standardaddressed warnings or instructions, the product shall be deemed not defectiveby reason of warnings or instructions, unless the claimant proves by a preponderanceof the evidence that a reasonably prudent product seller could and wouldhave taken additional precautions.

      (b)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with legislative regulatory standards or administrativeregulatory safety standards relating to design, performance, warnings orinstructions, the product shall be deemed defective unless the product sellerproves by a preponderance of the evidence that its failure to comply wasa reasonably prudent course of conduct under the circumstances.

      (c)   When the injury-causing aspect of the product was, at the time ofmanufacture, in compliance with a mandatory government contract specificationrelating to design, this shall be an absolute defense and the product shallbe deemed not defective for that reason, or, if the specification relatedto warnings or instructions, then the product shall be deemed not defectivefor that reason.

      (d)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with a mandatory government contract specificationrelating to design, the product shall be deemed defective for that reason,or if the specification related to warnings or instructions, the productshall be deemed defective for that reason.

      History:   L. 1981, ch. 231, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article33 > Statutes_24381

60-3304

Chapter 60.--PROCEDURE, CIVIL
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3304.   Legislative regulatory standards or administrative regulatorysafety 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 regulatorysafety standards relating to design or performance, the product shall bedeemed not defective by reason of design or performance, or, if the standardaddressed warnings or instructions, the product shall be deemed not defectiveby reason of warnings or instructions, unless the claimant proves by a preponderanceof the evidence that a reasonably prudent product seller could and wouldhave taken additional precautions.

      (b)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with legislative regulatory standards or administrativeregulatory safety standards relating to design, performance, warnings orinstructions, the product shall be deemed defective unless the product sellerproves by a preponderance of the evidence that its failure to comply wasa reasonably prudent course of conduct under the circumstances.

      (c)   When the injury-causing aspect of the product was, at the time ofmanufacture, in compliance with a mandatory government contract specificationrelating to design, this shall be an absolute defense and the product shallbe deemed not defective for that reason, or, if the specification relatedto warnings or instructions, then the product shall be deemed not defectivefor that reason.

      (d)   When the injury-causing aspect of the product was not, at the timeof manufacture, in compliance with a mandatory government contract specificationrelating to design, the product shall be deemed defective for that reason,or if the specification related to warnings or instructions, the productshall be deemed defective for that reason.

      History:   L. 1981, ch. 231, § 4; July 1.