Strict Liability

"A product seller shall not be subject to liability in a product liability claim arising from an alleged defect in a product, if the product seller establishes that: (1) Such seller had no knowledge of the defect; (2) such seller in the performance of any duties the seller performed, or was required to perform, could not have discovered the defect while exercising reasonable care; (3) such seller was not a manufacturer of the defective product or product component; (4) the manufacturer of the defective product or product component is subject to service of process either under the laws of the state of Kansas or the domicile of the person making the product liability claim; and (5) any judgment against the manufacturer obtained by the person making the product liability claim would be reasonably certain of being satisfied. (K.S.A. 60-3306)

""Product seller” means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor or retailer of the relevant product, but does not include a health care provider who utilizes a product in the course of rendering professional services. (K.S.A. 60-3302)"

In a third-party complaint asserting, among other things, negligence in the manufacture of an airplane engine, brought by the insurer of the lessee of the engine against the manufacturer/lessor through rights of subrogation, where the rental agreement contained a clause exempting the lessor from all liability and further provided that the lessee hold the lessor harmless from all liability claims or actions brought by third persons in connection with the use of the leased engine, absent an established statement of public policy to the contrary, the exculpatory clause is an acceptable allocation of risk entered into by two business parties standing on an equal footing and as such should be strictly enforced as between the parties. Mid-America Sprayers, Inc. v. U.S. Fire Ins. Co.., 8 Kan. App. 2d 451, 660 P.2d 1380 (1983).

No authority on point regarding vicarious liability.