Struck down for violating the right to a jury trial
Kansas capped noneconomic damages since 1988. In Hilburn v. Enerpipe Ltd. (2019), the Kansas Supreme Court held that K.S.A. 60-19a02 violated section 5 of the Kansas Bill of Rights — the right to a jury trial — because it intruded on the jury's role in determining damages. The ruling overturned the court's own earlier decision in Miller v. Johnson (2012), which had upheld a similar cap in medical malpractice cases.
On fault, Kansas sets a sharper bar than most states. Under K.S.A. 60-258a, you may recover only if your fault is strictly less than 50% — reaching exactly 50% bars recovery entirely, unlike the common "51% or more" bar used elsewhere.