Your Slip & Fall Injury - What now?

Kansas victims, who slip, trip or 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.

Premises Liability
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 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:

• bad flooring
• poor lighting
• wet floors
• icy patch
• potholes
• hidden hazards, etc...

Your Part
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: 

• Watch for signs warning of you a hazard (ex. "Caution! Wet Floor.");
• Don't be on your phone, texting or playing games while walking;
• Stay in designated areas;
• Use traveling speed appropriate for the setting; and
• If the hazard can be avoided (ex. alternate route) then do avoid it.

Attorney's Part
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:

• The premises owner or employee caused the spill, worn or torn the spot, or other slippery or dangerous surface or item to be underfoot;
• The premises owner or employee must have known of the danger and did nothing about it; or
• The premises owner or employee should have known of the danger because a "reasonable" person, in this setting, would have discovered and removed or repaired it. ("reasonable" - makes regular and thorough efforts to ensure the property is safe and clean.)

Depending on the circumstances, a Kansas slip & fall attorney may consider the following:

• Were there warning signs that alerted you of a possible hazard?
• Was there adequate lighting where your injury occurred?
• How long was the hazardous condition present in the area of your injury?
• Was there a justification for the surface being in the condition it was (ex. it had suddenly begun snowing)?
• Did the property have a process for checking, and addressing, surfaces needing attention?
• Could something (ex. a barrier) have been easily put in place to protect you?

Time Limit for Filing a Claim
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 cause 35.2% of all traumatic brain injuries, across the country, each year. Further, 46% percent 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:

• Medical expenses
• Lost wages
• Future earnings
• Pain and suffering
• Loss of consortium (in the case of a spouse)

​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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