# K.S.A. § 42-3,104: 42-3,104 - Damage liability for negligent or unlawful construction of work; penalty for unlawful act

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C104

## Section

- **Citation:** K.S.A. § 42-3,104
- **Heading:** 42-3,104 - Damage liability for negligent or unlawful construction of work; penalty for unlawful act
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 42 / Article 3 / Section 42-3,104

## Text

42-3,104. Damage liability for negligent or unlawful construction of work; penalty for unlawful act. Every person who, as owner, agent, contractor or manager, shall build, construct, operate or maintain any such dam or embankment, flume, aqueduct or other conduit in such manner that by reason of the willful or negligent disregard by such person of the requirements of this act, or by failure to use due caution, care and diligence in the building, construction, operation or maintenance thereof, any other person shall be injured, damaged, or put in jeopardy, either as to person or property, or both, shall be liable for all damages caused by or resulting from such willful or negligent conduct, and may be punished upon conviction by fine in any sum not less than $25 nor more than $5,000, or imprisonment not exceeding a term of three years in the custody of the secretary of corrections or both such fine and imprisonment, in the discretion of the court wherein such conviction shall be had. If loss of human life be caused or occasioned by any such willful or negligent conduct, the person so offending shall be amenable to all the laws and subject to all the penalties provided by the statutes of the state of Kansas in respect of unlawfully, maliciously, willfully or negligently causing the death of any person.

## Nearby sections

- [K.S.A. § 42-3,100 42-3,100 - Closing head gates for failure to construct rating flume or measuring device.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C100.md)
- [K.S.A. § 42-3,101 42-3,101 - Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C101.md)
- [K.S.A. § 42-3,102 42-3,102 - Procedure upon failure of proprietors to construct or maintain head gate; costs; attorney fees; sale of proprietors' rights to pay cost; liability of proprietors; penalty for unlawful acts.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C102.md)
- [K.S.A. § 42-3,103 42-3,103 - Inspection of works; condemnation and abatement.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C103.md)
- [K.S.A. § 42-3,104 42-3,104 - Damage liability for negligent or unlawful construction of work; penalty for unlawful act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C104.md)
- [K.S.A. § 42-3,105 42-3,105 - Complaint by person fearing injury or damage.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C105.md)
- [K.S.A. § 42-3,106 42-3,106 - Same; orders of district court; injunction; costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C106.md)
- [K.S.A. § 42-3,107 42-3,107 - Abatement of structure as nuisance by sheriff; costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C107.md)
- [K.S.A. § 42-3,108 42-3,108 - Same; payment of costs.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C108.md)
- [K.S.A. § 42-3,110 42-3,110 - False swearing.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C110.md)
- [K.S.A. § 42-3,111 42-3,111 - Civil liability of officers.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C111.md)
- [K.S.A. § 42-302 42-302 - Extent of appropriation; residue of waters.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-302.md)
- [K.S.A. § 42-303 42-303 - Right to conduct water along natural channels and withdraw same.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-303.md)
- [K.S.A. § 42-304 42-304 - Change of natural channel so as to prevent inflow into ditch or conduit.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-304.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C42_A3_S42-3%2C104. Check the current official text before relying on it. Not legal advice.