Slip and Fall Cases and Comparative Fault in Kansas
May 9, 2015
In Kansas you can only recover for a slip and fall injury if your fault is less than the fault of the others who caused your slip and fall. If a jury eventually found that you were 50% at fault for not keeping a proper lookout, and the store was 50% at fault for allowing the slippery condition to exist, then there is no recovery. (In Missouri you would still recover 50% of the total damage award in that situation). Therefore Kansas is a more difficult state to win a slip and fall case compared to Missouri.
Therefore, in Kansas, it is extremely important to establish as soon as possible that the reason for the fall was more someone else’s fault than yours. A personal injury attorney’s involvement as soon as possible will usually help in a successful eventual recovery.