Kansas Statute of Limitations: Filing Deadlines by Case Type
Understanding the statute of limitations in Kansas is essential for anyone considering legal action. These deadlines determine how long you have to file a lawsuit or how long prosecutors have to bring criminal charges. Missing a filing deadline can result in losing your right to pursue a claim permanently.
Kansas statute of limitations laws are found primarily in Chapter 60, Article 5 of the Kansas Statutes Annotated (K.S.A.) for civil matters and K.S.A. 21-5107 for criminal cases. The time limits vary based on the type of case, the severity of the offense, and the circumstances surrounding the claim.
Kansas Civil Statute of Limitations
Kansas civil statutes of limitations set strict deadlines for filing lawsuits. These time limits typically range from one to five years depending on the type of claim. The clock usually starts on the date the incident occurred or, in some cases, the date the injury was discovered.
If you fail to file your civil claim before the deadline, the opposing party can raise the statute of limitations as a defense and file a motion to dismiss. Once a court grants that motion, you lose the right to pursue that legal claim forever.
Tort Actions (2 Years)
Under K.S.A. 60-513, most tort actions in Kansas must be filed within two years. This includes:
- Personal injury: 2 years from the date of injury (K.S.A. 60-513(a)(4))
- Property damage: 2 years from the date of damage (K.S.A. 60-513(a)(2))
- Trespass: 2 years (K.S.A. 60-513(a)(1))
- Fraud: 2 years from the date the fraud was discovered (K.S.A. 60-513(a)(3))
- Product liability: 2 years, with a 10-year statute of repose from the date of delivery
Kansas applies a discovery rule for some tort claims. If the injury was not reasonably ascertainable at the time it occurred, the statute of limitations may begin running from the date you discovered or should have discovered the harm.
Defamation (1 Year)
Actions for libel (written defamation) and slander (spoken defamation) must be filed within one year under K.S.A. 60-514(a). The clock starts on the date of publication or utterance, not the date you learn about the defamatory statement.
Personal Injury (2 Years)
Kansas gives injured parties two years to file a personal injury lawsuit under K.S.A. 60-514(b). This applies to car accidents, slip and fall injuries, dog bites, and other negligence claims. The two-year period generally begins on the date of the accident or injury.
Medical Malpractice (2 Years, 4-Year Cap)
Medical malpractice claims fall under K.S.A. 60-513(a)(7) and K.S.A. 60-513(c). You have two years from the date you discovered (or reasonably should have discovered) the injury to file suit. However, Kansas imposes an absolute four-year statute of repose. No medical malpractice lawsuit can be filed more than four years after the negligent act, regardless of when the patient discovered the injury.
Wrongful Death (2 Years)
Wrongful death claims in Kansas must be filed within two years of the date of death under K.S.A. 60-1901. The two-year period runs from the date of death, not the date of the accident or incident that caused the death.
Contract Disputes
Kansas distinguishes between written and oral contracts:
| Contract Type | Time Limit | Statute |
|---|---|---|
| Written contracts | 5 years | K.S.A. 60-511(1) |
| Oral contracts | 3 years | K.S.A. 60-512(1) |
| UCC sales contracts | 4 years | K.S.A. 84-2-725 |
Written contract disputes must be filed within five years of the breach under K.S.A. 60-511(1). Oral and implied contract claims carry a shorter three-year deadline under K.S.A. 60-512(1). For contracts involving the sale of goods under the Uniform Commercial Code (UCC), Kansas follows the standard four-year period under K.S.A. 84-2-725.
Real Property Actions (15 Years)
Claims for recovery of real property and adverse possession are governed by K.S.A. 60-503 and K.S.A. 60-507. Kansas requires 15 years of open, exclusive, and continuous possession to establish an adverse possession claim. Other real property actions not specifically covered elsewhere must also be brought within 15 years.
Judgments
Kansas judgments become dormant if no renewal affidavit is filed or no execution is issued within five years of entry under K.S.A. 60-2403. A dormant judgment can be revived under K.S.A. 60-2404, but if it is not revived, it becomes permanently extinguished and unenforceable. Child support judgments entered after July 1, 2007, and court fines and restitution judgments entered after July 1, 2015, never become dormant.
Complete Civil Statute of Limitations Table
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 2 years | K.S.A. 60-513(a)(4), 60-514(b) |
| Property Damage | 2 years | K.S.A. 60-513(a)(2) |
| Trespass | 2 years | K.S.A. 60-513(a)(1) |
| Fraud | 2 years (from discovery) | K.S.A. 60-513(a)(3) |
| Libel/Slander | 1 year | K.S.A. 60-514(a) |
| Medical Malpractice | 2 years (4-year max) | K.S.A. 60-513(a)(7), 60-513(c) |
| Wrongful Death | 2 years | K.S.A. 60-1901 |
| Product Liability | 2 years (10-year repose) | K.S.A. 60-513 |
| Written Contracts | 5 years | K.S.A. 60-511(1) |
| Oral Contracts | 3 years | K.S.A. 60-512(1) |
| UCC Sales Contracts | 4 years | K.S.A. 84-2-725 |
| Real Property | 15 years | K.S.A. 60-503, 60-507 |
| Judgment Enforcement | 5 years (renewable) | K.S.A. 60-2403 |
| Collection of Rent (Oral) | 3 years | K.S.A. 60-512 |
| Collection of Rent (Written) | 5 years | K.S.A. 60-511 |
Claims Against Government Entities
If your claim is against a Kansas municipality or government employee, you must follow the procedures in K.S.A. 12-105b and the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). You must file a notice of claim with the clerk or governing body before filing suit. The municipality has 120 days to approve or deny the claim. If denied, you have at least 90 days from the denial to commence your action, and the underlying statute of limitations still applies.
Kansas Criminal Statute of Limitations
Kansas criminal statutes of limitations determine how long prosecutors have to file charges after a crime is committed. These deadlines are set by K.S.A. 21-5107.
Crimes With No Time Limit
Kansas does not place any time limit on prosecuting the following offenses:
- Murder (all degrees)
- Terrorism
- Illegal use of weapons of mass destruction
- Rape (K.S.A. 21-5503)
- Aggravated criminal sodomy (K.S.A. 21-5504)
- Childhood sexual abuse (added in 2023 by Senate Sub. for HB 2127)
The 2023 reform was a significant change. Governor Laura Kelly signed Senate Substitute for HB 2127 into law on April 17, 2023, which eliminated the criminal statute of limitations for all childhood sexual abuse offenses. The bill passed the Kansas House 120-0 and the Senate 40-0. This means prosecutors can bring charges for child sexual abuse at any time, regardless of how many years have passed since the crime.
Sexually Violent Crimes (10 Years)
For sexually violent crimes other than rape:
- Adult victims: Prosecution must begin within 10 years of the offense, or within 1 year after DNA testing conclusively establishes the suspect's identity, whichever is later.
- Child victims: Prosecution must begin within 10 years after the victim turns 18, or within 1 year after DNA testing conclusively establishes the suspect's identity, whichever is later.
KPERS Fraud (10 Years)
When the Kansas Public Employees Retirement System (KPERS) is the injured party, prosecution must begin within 10 years of the offense.
General Felonies and Misdemeanors (5 Years)
All other felonies and misdemeanors not listed above must be prosecuted within five years of the date the crime was committed.
Criminal Statute of Limitations Table
| Crime Category | Time Limit | Statute |
|---|---|---|
| Murder | No limit | K.S.A. 21-5107(a) |
| Terrorism | No limit | K.S.A. 21-5107(a) |
| Weapons of Mass Destruction | No limit | K.S.A. 21-5107(a) |
| Rape | No limit | K.S.A. 21-5107(a) |
| Aggravated Criminal Sodomy | No limit | K.S.A. 21-5107(a) |
| Childhood Sexual Abuse | No limit | K.S.A. 21-5107(a) (amended 2023) |
| Sexually Violent Crimes (Adult Victim) | 10 years | K.S.A. 21-5107(b) |
| Sexually Violent Crimes (Child Victim) | 10 years after victim turns 18 | K.S.A. 21-5107(b) |
| KPERS Fraud | 10 years | K.S.A. 21-5107(c) |
| Other Felonies | 5 years | K.S.A. 21-5107(d) |
| Misdemeanors | 5 years | K.S.A. 21-5107(d) |
Tolling: When the Clock Pauses
Kansas law provides several situations where the statute of limitations is paused (tolled), meaning the clock stops running temporarily.
Civil Tolling (K.S.A. 60-515)
The statute of limitations is tolled for persons under a legal disability at the time the cause of action accrued:
- Minors: If the injured person is under 18, they have one year after turning 18 to file suit, but no more than eight years after the event that caused the injury.
- Incapacitated persons: The same one-year extension applies after the disability is removed, with the same eight-year outer limit.
- Prisoners: Inmates serving less than a life sentence may qualify for tolling, unless they have access to the court system.
Criminal Tolling (K.S.A. 21-5107)
The criminal statute of limitations does not run during periods when:
- The accused is absent from or hiding within the state
- The crime was concealed (for example, when the victim was under 15, unable to recognize criminal actions due to age or mental capacity, or was prevented by a parent or guardian from reporting)
- A prosecution is already pending against the defendant for the same offense
- A court order prevents an administrative agency from investigating or proceeding
2023 Childhood Sexual Abuse Reform
Senate Substitute for HB 2127, signed into law on April 17, 2023, made two major changes to Kansas statute of limitations law:
Criminal side: Completely eliminated the statute of limitations for prosecuting childhood sexual abuse. Prosecutors can now bring charges at any time, regardless of how old the case is.
Civil side: Extended the deadline for survivors to file civil lawsuits to 13 years after turning 18 (effectively age 31). Survivors also have a three-year window following a criminal conviction of the abuser to file a civil claim, whichever period ends later.
This law took effect on July 1, 2023, and applies to both new and previously time-barred claims during a revival window.
More Kansas Laws
Sources and References
- K.S.A. 60-513: Actions Limited to Two Years(ksrevisor.gov).gov
- K.S.A. 60-511: Actions Limited to Five Years(ksrevisor.gov).gov
- K.S.A. 60-512: Actions Limited to Three Years(ksrevisor.gov).gov
- K.S.A. 60-514: Actions Limited to One Year(ksrevisor.gov).gov
- K.S.A. 60-515: Persons Under Legal Disability (Tolling)(ksrevisor.gov).gov
- K.S.A. 21-5107: Time Limitations for Criminal Prosecution(ksrevisor.gov).gov
- K.S.A. 60-503: Adverse Possession (15 Years)(ksrevisor.gov).gov
- K.S.A. 84-2-725: UCC Statute of Limitations (4 Years)(ksrevisor.gov).gov
- K.S.A. 60-2403: Judgment Dormancy(ksrevisor.gov).gov
- K.S.A. 60-1901: Wrongful Death Actions(ksrevisor.gov).gov
- Governor Kelly Signs Bipartisan Childhood Sexual Abuse Law Reform (HB 2127)(governor.kansas.gov).gov
- Senate Sub. for HB 2127 Summary: Statute of Limitations for Childhood Sexual Abuse(kslegislature.gov).gov
- K.S.A. 12-105b: Kansas Tort Claims Act Notice Requirements(ksrevisor.gov).gov