Slip and fall accidents account for the largest number of personal injury claims in the country. In the U.S., about 8.9 million people make visits to the emergency department due to injuries caused by slip & fall accidents according to the National Floor Safety Institute (NFSI). These accidents can be caused by a variety of conditions including water or ice from a leaking freezer, a broken step, grease or mold in a grocery store and spilled items. As a result, a person can get a sprain, neck, back or hip injuries, herniation of the backbone and even brain injuries.
A major challenge in a slip and fall accident is determining which party was negligent and liable. For this reason, it is important to hire a qualified and experienced lawyer who will help to prove that a certain party was responsible for the accident. Our slip and fall lawyers have successfully handled numerous Kansas slip & fall accidents. Our lawyers build a successful case by examining the details of the case, securing details of the witnesses and establishing whether you have a strong case.
There are two important aspects in slip & fall accidents:
- Premises liability
- Determining the party which was negligent and liable/responsible for the accident
Premises liability is the legal liability that a property owner has for injuries sustained on their property as a result of slip & fall accidents. If you slip or fall in a store, on the sidewalk or in another person’s house due to a hazardous or dangerous condition, the property owner may be held responsible for your injuries. Although there is no clear or precise way of determining who was responsible for the accident, a slip and fall lawyer is able to evaluate the case, its specific elements and thus create a clear picture of what occurred.
Determining the party which was negligent and liable/responsible for the accident
Slip and fall accidents differ from one case to another. A lawyer is able to evaluate the case on an individual basis. You should provide the lawyer with accurate information, witness information, reports, pictures and documents to enable them evaluate the case and pursue a successful legal action. There are several factors that can help you know whether you have a strong case. For a slip and fall lawyer to determine whether the property owner was legally responsible for your injuries in a slip & fall accident, he/she will consider certain issues such as:
- Did the property owner (business or individual) or an employee cause the dangerous or unsafe condition? The property owner can cause the dangerous condition by causing a spill and failing to clean it.
- Did the property owner or an employee know about the hazardous condition but failed to correct/mark it?
- Should the property owner or an employee have known about the dangerous condition? A “reasonable person” should have discovered it, taken precautions or removed the dangerous condition.
Although the third question is very common, it is less clear-cut than the other two questions since it is based on the assumption that a “reasonable” person would have identified the dangerous condition in a timely manner and taken precautions or steps to correct it. The judges and juries will consider how long the condition had existed, whether there was ample time for the property owner to fix it and whether the steps taken by the property owner were reasonable and appropriate. The same logic applies to the injured person. The accident could have been as a result of carelessness or negligence by the affected individual. For example, a “reasonable” person can spot a dangerous condition and avoid it.
If you are involved in a slip and fall accident in Kansas, contact our lawyers who will assist you in seeking justice. Our experienced and reliable lawyers will help you obtain damages/compensation for your injuries, if the property owner was legally liable. We also offer a free evaluation and consultation on Kansas slip and fall accidents.