Kansas victims, who slip and fall, are oftentimes unsure who should be, if anybody, responsible for their injury. In fact, frequently they say nothing, even when their injury resulted in medical costs, lost time at work, pain and physical harm. We understand that some think it’s their fault or, no big deal. We caution you against this mindset.
Slip, trip and fall accidents fall under negligence laws. Commercial and personal property owners (and/or those in possession of the property), in Kansas, owe you a "duty of care" under the law. For that reason, most carry premises liability insurance. That means they are insured in case their home, shop, store, land, etc... is not free of dangerous conditions and causes you harm. The "duty of care" requirement applies to inside and outside of the property alike, and is highest where commercial property is involved.
Premises accidents can be caused by many things, such as:
When you are on the property of another, you too have a duty - the duty of reasonable care. Under Kansas law, you are expected to make a reasonable effort to maintain your safety and avoid injury. If any of your actions contribute to your injury, you too may have been negligent and possibly may not recover. Some ways you can avoid contributory negligence are:
In Kansas, in order for you to receive compensation for your injury, your attorney will need to prove that you were caused harm because of the negligence of another. This can be difficult but, not impossible to prove. To prove negligence, in these instances, one of the following must be true:
Under the statute of limitations in Kansas, you typically have only two years to bring your claim. This starts from the date of your injury, in most instances, unless your injury occurred on government property. If you miss this deadline it is unlikely that your claim will be permitted.
What might you be entitled to?
While some injuries, in these cases are minor, others can be serious and even catastrophic. According to the Center for Disease Control, slip and fall accidents causes 35.2% of all TBI, across the country, each year. Further, 46% of all spinal cord injuries are caused by this type of accident too.
If you suffered injury, on someone else’s property, due to their negligence, you may be entitled to some, or all, of the following:
Premises liability can be complex and difficult to prove. You need an experienced attorney by your side. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM. We are here to protect your interests in a slip, trip or fall claim, and get you what you deserve.
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