Who is at Fault?
Unlike a car accident victim, many times the person injured due to a slip and fall accident will blame themselves for the mishap. While everybody has a duty to watch where they are going, many of these events occur because of weather-related conditions, items that spilled onto the floor, defective walking surfaces or issues with the lighting that existed. If the property owner knew of the condition that caused your fall and failed to take action, you may have a claim.
There is a time limit for filing premises liability claims in Kansas. That time limit is usually two years from the date of the accident to file a claim in court to seek compensation for your injuries. There might be some circumstances if you were not aware of the injuries you suffered that the time limit would run from the time that you discovered the injuries. If you do not file a claim in court within two years you will be barred from filing a claim.
What are the Slip and Fall Laws In Southwest Kansas?
Kansas does have a comparative fault statute that applies to premises liability cases. That means that a jury will compare the fault of the property owner against your fault, if any, to determine the percentage of fault of each party. If you are found to be less than fifty percent at fault, you may recover for your injuries. If you are found to be fifty percent or more at fault for your fall, you will not be able to recover anything.
How does this play out in court? Let’s say a carton of eggs fell on the floor in the supermarket. The store was aware of the broken eggs on the floor but had not cleaned up the aisle because the worker who did that was on a break. While you were shopping, you failed to see the broken eggs on the floor and slipped and fell. The jury is going to determine the fault between you for failing to see the hazard and the store for failing to clean up the hazard and warn the patrons about the hazard. If the jury found that you were 30% at fault and the store was 70% at fault and awarded you $10,000, the verdict would be reduced by your fault, 30%. That would be $3,000. So, you would recover $7,000.
If you have been injured on private or commercial property, contact us to learn what rights you have. Kansas Attorney Joseph T. Welsh has handled thousands of cases, both as a prosecutor and a defender. Seeing both sides of a multitude of cases has provided him with a unique perspective when facing criminal cases. You deserve to know your rights from an experienced slip and fall attorney. The case evaluation is free!