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Comparative Fault in Kansas and Missouri

David Adams Aug. 18, 2015

In every accidental/personal injury case, there must be not only a determination of the value of the injuries caused, but also who exactly is a fault – and to what degree.  Taking a typical slip and fall injury situation, a jury might find that the landowner was 50% at fault for the dangerous situation (i.e. water on the floor), and the injured party is 50% at fault for not keeping a better lookout while moving around.  If the total amount of damages were valued at $100,000.00, then there is a markedly different outcome depending on whether the fall occurred in Kansas or Missouri.  In Kansas, the injured person would recover $0 as their fault was equal or greater than the negligent person.  In Missouri, the injured person would recover $50,000.00 for their injury.   Even if the injured person were found 90% at fault in Missouri, they would stand to recover $10,000.00.   In Kansas, they would get nothing.  This rule applies for all negligence type cases, whether auto accident, product liability, slip and fall, etc.