The Confusion Continues: The New Dynamic of the Economic Loss Doctrine in Kansas

The economic loss doctrine has been labeled “obscure,” “confusing,” and “concerning.” 1 In its most basic form, the economic loss doctrine bars plaintiffs from making tort claims based on only economic losses. 2 The doctrine is most typically applied to product liability claims. 3 When the doctrine is applied, plaintiffs can recover for economic losses—as opposed to personal injury or property damage—only if they win on some other claim, such as breach of warranty. 4 Although a precise definition of economic loss is difficult to ascertain and varies by jurisdiction, it encompasses “loss of the bargain, repair and replacement cost, loss of profits, and/or goodwill, including diminution in value.” 5 The economic loss