Information on Slip and Fall Cases in Kansas
- Just because you fell on someone ease’s property or premises does not mean you will automatically be able to recover against them. There still has to be a showing that the owner was negligent in some way causing the fall. This can be proven by showing that the owner knew or should have known of the problem and did not take appropriate actions to correct it.
- Once the owner is shown to be at fault in Kansas, you next have to prove that the owner of the premises was more at fault than the person who fell. Sometimes a jury can come back with a verdict that says the owner is 50% at fault and the person who fell is 50% at fault for not keeping a better lookout of where they were going. In Kansas, this results in a $0 recovery regardless of the amount of damages. A skilled attorney is necessary to make a successful recovery in Kansas.
- Slip and fall cases are sometimes very difficult even if the injuries are severe. Photos, witness statements and other background research can make all the difference in success or failure, and these items often need to be obtained very shortly after the slip and fall.
- There is a two year statute of limitations from the date of the fall in which a case must be on file or it is lost. There is an exception to this rule for minors under the age of 18.