Slip and fall accidents are some of the most common types of accidents that occur in Kansas. These accidents can result in serious injuries and even death. In most cases, determining fault can be difficult. However, when it comes to slip and fall accidents, there are a few factors that can help determine fault. In this article, we will discuss how to determine fault in Kansas slip and fall accidents.
Table of Contents
What is a Slip and Fall Accident?
A slip and fall accident occurs when a person slips, trips, or falls on someone else’s property due to a dangerous condition. These accidents can occur in any location, including government buildings, private businesses, and even private homes. Some of the common causes of slip and fall accidents include wet floors, uneven floors, poor lighting, and broken stairs among others.
Who is at Fault?
The party responsible for maintaining the property where the accident occurred is the party that could be held liable in a slip and fall accident. This could be the property owner, the property manager, or any other person responsible for maintaining the property. However, to determine fault in a slip and fall case, you need to prove that the responsible party knew or should have known about the dangerous condition that caused the accident, and they failed to take appropriate action to fix the problem.
Negligence
Negligence is the main factor that determines fault in slip and fall accidents. To establish negligence, the plaintiff must prove that the defendant had a duty of care toward the plaintiff, breached that duty, and that breach caused the plaintiff’s injury. In the case of slip and fall accidents, the defendant has a duty of care to maintain the property in a reasonably safe condition.
Comparative Negligence
In Kansas, slip and fall accidents are subject to the comparative negligence statute. Under this statute, if the plaintiff was partially at fault for the accident, their damages will be reduced proportionally based on their percentage of fault. For example, if the plaintiff was found to be 20% at fault for the accident, their damages would be reduced by 20%.
Proving Fault
To prove fault in a slip and fall case, the plaintiff must provide enough evidence to show that the defendant’s negligence caused their injury. Some of the evidence that the plaintiff can use includes:
Medical Documentation
The plaintiff must present medical records showing the extent of their injuries. This documentation can help show the severity of the injuries and the impact of the accident on the plaintiff’s life.
Witness Statements
Witness statements can provide important information regarding the cause of the accident and can help establish liability. These statements can be obtained from people who witnessed the accident or those who had knowledge of the dangerous condition that caused the accident.
Photographs and Video Footage
Photographs and video footage can demonstrate the condition of the property at the time of the accident. These pieces of evidence provide a visual representation of the dangerous condition that existed on the property.
Conclusion
Determining fault in a slip and fall accident can be difficult, but with the help of an experienced attorney, you can make the process easier. To establish liability, you need to prove that the defendant’s negligence caused the accident, and that they should have known about the dangerous condition that existed on the property. If you have been involved in a slip and fall accident and you believe that someone else was responsible for your injuries, it is important to seek legal counsel as soon as possible to protect your interests.