§ 35-891. Liability for damage to highway or structure.

(a)

Any person driving any vehicle, object or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving or moving of such vehicle, object or contrivance or as a result of operating, driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this chapter but authorized by a special permit issued as provided in this article.

(b)

Whenever such driver is not the owner of such vehicle, object or contrivance but is operating, driving or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any such damage.

(c)

Such damage may be recovered in a civil action brought by the authorities in control of such highways or highway structure.

(Code 1964, § 36-299; Code 1988, § 35-793; Ord. No. 53410, § 1, 1-7-1975)

State law reference

Similar provisions, K.S.A. 8-1913.