Few accidents are solely the fault of one person. You may bear some responsibility for your slip and fall, but you may not have fallen or gotten as hurt as you did if it weren't for someone else's negligence. Now, you need to know whether you should pursue a slip and fall injury case and what you might recover if you do.
Common Causes of Slip and Fall Accidents
A variety of circumstances can combine to cause someone to fall. Property owners or operators may contribute to the fall by:
- Failing to properly maintain the property
- Failing to warn people about potential hazards
- Failing to fix known hazards within a reasonable amount of time
Individuals may cause their own fall accidents by:
- Texting, browsing social media, talking, or doing something else while walking
- Fooling around, running, skipping, or jumping
- Ignoring warning signs
- Failing to use handrails or take appropriate safety precautions
Often, both property owners or managers and the individual who was hurt are partially at fault for the fall accident injury.
Comparative Negligence in Missouri Slip and Falls
If you contributed in some way to the cause of your fall, Missouri's comparative negligence law would apply. According to Missouri law, a percentage of fault could be attributed to you, while the remainder of the fault could be attributed to another party. You may recover damages, but your recovery will be reduced by the percentage of fault attributed to you.
Let's assume, for example, that your damages were $10,000. If you were 20% responsible for your fall, you would recover $8,000 in damages. Or, alternatively, let's say you were found to be 80% responsible for your fall. Then you would recover only $2,000 in damages.
Comparative Negligence in Kansas Slip and Falls
Kansas' comparative negligence law is different from Missouri's. If you were hurt in a Kansas slip and fall accident, you could only recover damages if you were less than 50% responsible for the fall. If your share of the responsibility is placed at 49% or less, you can recover damages from the other responsible party, but your recovery will be reduced by the percentage of fault attributed to you. If your share of the responsibility is 50% or more, you won't recover anything in a slip and fall lawsuit.
Protect Your Kansas City Slip and Fall Recovery
It is essential to correctly determine who was at fault for your fall and the percentage of fault each party bears for your fall accident injury. Our experienced Kansas City fall accident lawyers will examine all of the evidence and advocate for your fair recovery. Contact us today to schedule your free, no-obligation consultation.