Filed July 25, 2016
David v. Hett, 270 P.3d 1102, 1106 (Kan. 2011). The provisions of the KPLA “apply to actions based on strict liability in tort as well as negligence, breach of express or implied warranty, and breach of or failure to discharge a duty to warn or instruct.” Savina, 795 P.2d at 931. Under the Act, a product liability claim can be “brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling Case 2:16-cv-02250-CM-KGG Document 7 Filed 07/25/16 Page 6 of 16 7 of the relevant product.” K.S.A. § 60–3302(c). Therefore, if a product liability claim is to be brought at all, it must be brought under the KPLA.