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  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • SEX CRIMES
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    • ADDITIONAL PRACTICE AREAS
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  • BLOG
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YOU WERE HURT AT A KANSAS RESTAURANT - WHAT NOW?

3/20/2019

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Whether you slipped and fell, tripped over something, an item fell on you, etc. you may have a civil claim in the Kansas courts. No matter if the restaurant is in Overland Park, Kansas or anywhere across the state, you must prove negligence. How is that done?

First, you must show that the restaurant caused the hazardous circumstances, or were on notice of the danger and failed to act. It may be necessary to lay the negligence at the feet of the restaurant owner, managers, employees, tenants, etc. What they do, or fail to do, can later become the responsibility of another.

Second, you must show that the restaurant did not make the premises safe and/or failed to warn you of the danger. That can be because they failed to place the "wet floor" sign, didn't place cones around a dangerous area, etc.

​Third, even if they claim not have known that the danger existed, it is still possible to hold the Kansas restaurant responsible. Under the law, if they should have know a dangerous condition was present (using the reasonable person standard) the negligence may still stick.

Finally, you must show that the restaurant's in/action was the direct and proximate cause of your injury. 

How can you do to prove your case? There are a number of items that may support your Kansas civil claim, such as:
  • photos of the premises
  • photos of your injury
  • witness statements
  • the employee's, owner's, tenant's own statements
  • medical records
  • proof of others injured in the same place/manner
In Kansas, it possible to shift liability back to you and avoid having to pay you for your injury. The insurance company's attorney will look to see if you were acting with diligence to avoid injury. If you could have easily avoided injury, weren't paying attention, went into restricted areas, there were hazard warnings, etc. the blame may be shifted back to you. In Kansas, if you are somewhat responsible your ultimate award may be significantly reduced and denied.
​
​The best thing you can do, besides getting medical attention, is to speak to an experienced Kansas personal injury attorney. You have questions about your unique case and we have answers. Call NOW 913.602.7288.
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