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★ Kansas · fracture

Fracture settlements
in Kansas.

By 9 min read

A Kansas man who herded a neighbor’s loose cattle back into their pen fractured his back when a clothesline pole hit his legs, but the court found the neighbors breached no duty. A worker who broke her ankle in Montana could still claim Kansas comp because her employment contract was made in Kansas.

Facts that decide a fracture claim in Kansas

Out of state work injuriesThe Kansas Workers Compensation Act applies to injuries outside Kansas when the principal place of employment is in Kansas or the contract of employment was made there.Henretty v. Healthcenter Northwest (Kan. App. 2024)
Injury on someone else’s landAn injury on a neighbor’s property does not by itself create liability; the injured person must show the owner breached a duty owed to him.Wrinkle v. Norman (Kan. App. 2010)
Claims against governmentWritten notice before suing, then a waiting period of up to 120 days; Tort Claims Act liability is capped at $500,000 per occurrence.K.S.A. 12-105b(d), 75-6105; see our notice table
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Kansas's fault rule and any applicable cap then adjust the figure.

★ KS · reported fracture outcomes

What Kansas courts have awarded.

Real Kansas decisions and verdicts, each linked to the court record or official report.

  • Kansas Court of Appeals · 2010
    Summary judgment for neighbors affirmed

    In March 2006, Rodney Wrinkle saw his neighbors’ cattle loose near U.S. Highway 59 in Oskaloosa and herded them into their pen. One became tangled in a clothesline wire; after he freed it, the wire and a T shaped pole flipped and hit the back of his legs, and he fell and fractured his back on a concrete path. The court held the neighbors breached no duty to him and affirmed summary judgment.

  • Kansas Court of Appeals · 2024
    Kansas comp coverage affirmed

    Linda Henretty took a job with a Montana employer after quitting her Wichita job and selling her house, and she injured her ankle in Montana, where surgery left hardware in her leg. She later sought Kansas benefits for more treatment. The Board found her employment contract was made in Kansas, and the Court of Appeals affirmed that the Kansas Act applied despite the Fund’s objections.

★ KS · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Kansas.

  1. 1

    Volunteering to help does not guarantee a claim; Wrinkle’s neighbors owed him no breached duty.

  2. 2

    Where your job contract was made can decide which state’s comp law applies, as Henretty shows.

  3. 3

    Claims against Kansas public bodies require written notice before suit.

★ KS · statute of limitations
2 years from date of injury

Kan. Stat. Ann. § 60-513

★ KS · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ KS · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Kansas.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Kansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Kansas · you are hereModified comparative, 50% bar2 years from date of injury—
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
★ KS · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ editorial note

Figures on this page are starting points: the US band adjusted for Kansas's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Kansas. See /methodology, /sources, and /disclaimer.