15 . Any claim for injuries resulting from the use of any public property intended to be used for recreational purposes , unless the governmental entity is guilty of gross and wanton negligence
16 . The natural condition of any unimproved public property of the governmental entity
17 . Any claim resulting from the use or maintenance of a public cemetery or an abandoned cemetery unless the claim was the result of gross and wanton negligence
18 . The existence of a minimum maintenance road so long as appropriate signage is present
19 . Any claim for damages resulting from the operation of vending machines by blind persons on highway rest areas
20 . Providing , distributing or selling information from Geographic Information Systems ( GIS )
21 . Any claim arising out of providing a juvenile justice program to juvenile offenders
22 . Performance of , or failure to perform , any activity pursuant to the Kansas Development Finance Authority Act
23 . Any claim arising out of the making of a donation of used or excess fire control , fire rescue , or emergency medical services equipment if , at the time of donation , the equipment was believed to have been serviceable by the donor
24 . Any claim arising out of the acceptance of the above fire control , fire rescue , or emergency medical services equipment
The statute ends with a catch-all provision of sorts that states “ the enumeration of exceptions to liability in this section shall not be construed to be exclusive nor as legislative intent to waive immunity from liability in the performance or failure to perform any other act or function of a discretionary nature .”
To summarize , the KTCA was enacted to modernize the liability of public entities for the torts of their employees and to lessen the harshness of the common law doctrine of governmental immunity . The KTCA has a tremendous impact on public entity insureds and their respective activities and case law for the KTCA should be periodically monitored and reviewed as courts continue to interpret its provisions .
Elizabeth Smoller serves as the Director of Operations at Charlson & Wilson Insurance in Manhattan , Kan ., and sits on the KAIA Board of Directors , Agency Management Technology Committee , and Insurance Coverage Committee . She ’ s a member of the Riley County Bar Association as well as the Kansas Bar Association , and she serves on the boards of the Greater Manhattan Community Foundation and Crossroads Soccer Association . Elizabeth attended the University of Kansas School of Law and earned a J . D . degree . She also attended Kansas State University and studied Journalism & Mass Communications , earning a Bachelors degree .
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