Helping you get back up after a fall
Slip-and-fall accidents are among the incidents that most commonly give rise to personal injury claims, and they often lead to much controversy over who is to blame for causing them. An unmarked spill in a grocery store, an unmarked pothole, a broken step – all of these situations can lead to a serious wound such as a broken bone, sprain, fracture, spine injury, or even brain injury. Although the gravity of these types of injuries is not generally disputed, it can often be difficult to establish who is at fault for causing a slip-and-fall accident. A qualified slip-and-fall attorney can help determine who should assume responsibility and present a fair and balanced case to the court. At our office serving Jackson, Johnson, and Wyandotte County, a slip-and-fall attorney can closely examine the details of your case and determine whether you are eligible to obtain damages for your injuries.
Your slip-and-fall attorney can assist with:
- Premises Liability
- Determining Who is at Fault in a Slip and Fall Case
Premises liability is an area of personal injury law that pertains to slip-and-fall and other types of accidents that occur on someone else’s property. Although there is no clear-cut way of determining fault in a slip-and-fall accident, a lawyer can carefully examine each case and its individual factors and help present a clearer picture of what happened.
Determining Who is at Fault in a Slip-and-Fall Case
Each slip-and-fall accident should be evaluated by a lawyer on an individual basis, as it can be difficult to estimate the outcome of a given case without a thorough investigation into the circumstances surrounding it. However, there are some general guidelines that may help you decide whether to pursue your case. To determine whether a property owner is responsible, your slip-and-fall attorney will consider certain questions, such as:
- Did the property owner cause the unsafe condition (e.g., by causing a spill and not cleaning the area, etc.)?
- Did the property owner know about the unsafe condition and fail to mark and/or correct it?
- Should the property owner have known about the condition and taken precautions to prevent a slip-and-fall accident that it could potentially cause?
The latter question is based on the assumption that a “reasonable” person would have recognized the problem in a timely manner and taken steps to amend it. The court will consider how long the unsafe condition existed and if the property owner had time to fix it before the accident occurred, as well as whether the actions that the owner took to fix it (if any) were appropriate. This same logic applies to the victim of the slip-and-fall accident. A “reasonable” person, for example, would not wander off a marked path or into a construction site. Likewise, if a “reasonable” person would have been able to spot an obvious spill and take steps to avoid it, the property owner may be absolved of responsibility.
Premises liability laws vary from state to state, which is why it is important for residents of Wyandotte, Jackson, and Johnson County to contact a slip-and-fall attorney who specializes in serving Kansas and Missouri.
Contact a Slip-and-Fall Attorney
Serving all of Kansas and Missouri, including Jackson, Johnson, and Wyandotte County, Bottaro, Kubin & Yocum, P.C. can assist you as your slip-and-fall attorney. A lawyer from our firm can help you obtain compensation for your injuries if the property owner is found to be at fault. Contact us for a free evaluation of your case at (913) 948-8200 today.