Spencer Fane: Kansas Abolishes Assumption of the Risk Defense for Inherently Dangerous Workplaces | Practical Law

Spencer Fane: Kansas Abolishes Assumption of the Risk Defense for Inherently Dangerous Workplaces | Practical Law

This Law Firm Publication by Spencer Fane Britt & Browne LLP discusses the Kansas Supreme Court's recent decision in Simmons v. Porter. In Simmons, the court overruled its former position allowing employers to assert the assumption of risk defense as a complete bar to recovery in negligence claims involving inherently dangerous activities. Previously, the assumption of risk doctrine had prevented recovery by employees for workplace injuries where workers' compensation was not applicable and where the employees understood the inherent risks. With this decision, Kansas has joined the majority of other states in eliminating assumption of risk as a complete defense.

Spencer Fane: Kansas Abolishes Assumption of the Risk Defense for Inherently Dangerous Workplaces

by Spencer Fane Britt & Browne LLP
Published on 21 Nov 2013Kansas, United States
This Law Firm Publication by Spencer Fane Britt & Browne LLP discusses the Kansas Supreme Court's recent decision in Simmons v. Porter. In Simmons, the court overruled its former position allowing employers to assert the assumption of risk defense as a complete bar to recovery in negligence claims involving inherently dangerous activities. Previously, the assumption of risk doctrine had prevented recovery by employees for workplace injuries where workers' compensation was not applicable and where the employees understood the inherent risks. With this decision, Kansas has joined the majority of other states in eliminating assumption of risk as a complete defense.