When is the City of Wichita NOT responsible for my claim?

Please be aware that Kansas law provides various exemptions from liability for the City of Wichita under certain circumstances. Some of the common exemptions are listed below:

  • State Highways and Interstate Highways. Maintenance of State Highways (e.g., K-15, K-42, K-96, and K-254) and U.S./Interstate Highways (e.g., I-135, I-235, and U.S. 54/400/Kellogg Avenue) within the City of Wichita city limits is the responsibility of the Kansas Department of Transportation, 785-296-3566, not the City of Wichita. Please see the attached map (PDF) for more details.
  • Public Parks and Golf Courses. Generally, the City of Wichita is not responsible for damages or injuries that result from the use of a public park, public playground, or other public areas used for recreational purposes, such as the City of Wichita's five municipal golf courses. Additionally, the City of Wichita is not responsible for damages resulting from golf balls that were struck by municipal golf course patrons.
  • Water Utilities Service Lines. Maintenance and repair of water service lines on the property owner's side of the water meter are generally the responsibility of the owner of the property, not the City of Wichita.
  • Sewer Backups. The City of Wichita is not responsible for sewer water backups resulting from sewer line blockages caused by other residents discharging Fat, Oils, and Grease (FOG) and other materials into the sewer system.
  • Tree Limbs. The City of Wichita is generally not responsible for damages caused by falling tree limbs due to naturally occurring conditions such as storms, winds, or ice/snow.
  • Sidewalk Cracks and Street Potholes. The City of Wichita is not responsible for damages resulting from tripping over sidewalk cracks or driving over street potholes if the City did not have prior notice of the condition in the sidewalk or street. Additionally, the City of Wichita is not responsible for damages resulting from tripping over slight defects or minimal variances in sidewalks.
  • Work Performed by Contractors for the City of Wichita. There are many local businesses that perform contract work for the City of Wichita, and some of the work performed by those contractors includes street repair and construction, repairing or replacing water service lines, and lawn maintenance. Those businesses are generally responsible for any damages that may result from their performance of the contract work for the City of Wichita.

The City of Wichita encourages you to seek the advice of a competent attorney at your own expense if you have any questions about the applicable law governing your claim.

Show All Answers

1. Why do I have to file a Claim for Damages form?
2. Why do I have to provide a copy of my vehicle title/registration?
3. Why do I have to give my insurance information on the Claim for Damages form?
4. When is the City responsible for a claim?
5. When is the City of Wichita NOT responsible for my claim?
6. How long will it take for the City of Wichita to respond to my claim?
7. How can I check on the status of my claim?
8. What about my medical bills or other expenses that are due while I am waiting for the City of Wichita to respond to my claim?
9. What if the City of Wichita has denied my claim and I do not agree?