Slip and fall accidents can happen in an instant, but they can have long-lasting physical, emotional, and financial impacts. If you have suffered an injury from a slip and fall in Kansas City, you may have a basis to pursue compensation through a personal injury claim. However, recovering damages requires you to prove that another party was negligent.
Our experienced Kansas City slip and fall attorneys are here to help you protect your legal rights. We will walk you through what you need to establish negligence after a fall accident and work hard to get you the compensation you deserve.
How to Establish Negligence in Kansas City Slip and Fall Cases
In legal terms, negligence refers to a failure to exercise reasonable care that harms another person. Four key elements must be established to prove negligence in a Kansas City premises liability or slip and fall case.
Duty of Care
You must prove that the property owner or manager had a duty to keep the premises reasonably safe for visitors. In other words, the property owner must have a legal duty to fix or warn visitors or customers about known hazards that could cause harm.
Breach of the Duty of Care
If a duty of care existed, you must prove that the property owner or manager breached the duty of care. The duty of care is breached when the property owner or manager fails to act like a reasonable person would in a similar situation. For example, if the property owner failed to warn you about a slippery floor, uneven surface, poor lighting, or other dangerous conditions, they may have breached their duty of care.
Causation
The third element of negligence requires you to prove that the defendant's breach of the duty of care was the direct cause of your fall and your fall-related injuries. In other words, you must prove that you would not have been hurt but for the defendant's breach of the duty of care.
Damages
If the defendant's breach of the duty of care caused your injuries, you must prove that you suffered damages. Damages may include medical costs, lost income, pain and suffering, and other economic and non-economic losses.
Useful Evidence for Proving Liability
It's not enough to assert that someone else was negligent. You must prove that party's negligence to the insurance company or court. Our experienced Kansas City slip and fall lawyers can help gather and present this evidence effectively. Every case is unique, but some of the evidence we will consider is described below.
Photographs and Video
Visual proof can be compelling evidence. We will collect and review the photos you were able to take right after your slip and fall and pictures taken by others at the scene of your accident. Additionally, we will look for video surveillance footage from around the time of your fall. Videos may show hazardous conditions such as wet floors, cluttered pathways, or broken steps.
Medical Records
Your medical reports may establish the causation connection between the accident and your diagnosed injuries. Additionally, your medical records may be essential in determining the value of your case.
Incident Reports
Any reports created by staff about your fall or previous incidents may provide essential evidence in your case.
Maintenance Records
Maintenance records may provide documentation of cleaning schedules, repairs, and inspections. This information can help establish whether the defendant was negligent.
Expert Testimony
Experts, such as engineers, can provide opinions about hazardous property conditions and whether proper standards were upheld.
Witness Statements
Eyewitness accounts of your fall and the events leading up to it are invaluable. Witnesses can describe the negligence they observed.
Why Your Slip and Fall Case Matters
You may wonder why going through the effort to prove negligence and liability is so important after a painful slip and fall accident in Kansas City. Pursuing legal action serves two critical purposes.
You Can Hold the Negligent Parties Accountable
Proving negligence is the only way to hold property owners, managers, tenants, maintenance companies, or other parties legally accountable for your injuries. This may help discourage similar negligence – and slip and fall accident injuries – in the future.
You Can Seek Compensation for Your Injuries
If your slip and fall case is successful, you may receive compensation for your slip and fall damages, including past and future:
- Medical expenses
- Lost income
- Physical pain
- Emotional suffering
- Other accident-related costs
Thorough and convincing evidence of damages can result in greater compensation. If you don't bring a slip and fall case, the at-fault party has no motivation to offer fair compensation for your losses. You won't be able to recover what you need to heal and move forward.
How a Kansas City Premises Liability Lawyer Can Strengthen Your Case
The burden of proving negligence can feel overwhelming after a traumatic Kansas City slip and fall accident. However, you don't have to bear this burden alone. You have the right to work with an experienced Kansas City personal injury attorney.
At Foster Wallace, our legal team has experience working with some of the best lawyers in the country. We left big firm practice to open a small, hometown law firm that is committed to providing our clients with honest and candid information that they need when they are hurt. You can trust us to help you after a slip and fall injury. Below are some of the steps that we will take to help you get the recovery you deserve.
We Will Conduct a Thorough Investigation
Above, we described the types of evidence that can help you build a strong Kansas City slip and fall case.
Your attorney can inspect the accident scene, interview witnesses, request documentation, consult experts, and take other steps to establish negligence.
We Handle the Insurance Companies
Insurance adjusters may appear friendly and concerned over the phone. However, their job is to pay you as little as possible for your slip and fall injury. That's how the insurance company makes money. Accordingly, the insurance adjusters may try to trick you into saying something that would hurt your case and offer you less than your case is worth.
You don't need to handle the stress of insurance adjusters on your own. Your lawyer can handle negotiations, rebut unreasonable offers, and fight for full compensation.
Our Slip and Fall Lawyers Are Not Afraid to Go to Court
If a fair settlement isn't reached, your attorney can file a premises liability lawsuit and argue your case in court to get you the compensation you deserve. We will make sure that all court deadlines are met, that all motions are well-researched and argued, and that your legal rights are protected at every stage of slip and fall litigation.
We Can Maximize Compensation While You Focus on Healing
Your lawyer will fight to ensure you receive maximum compensation for all your economic and non-economic damages. With your attorney handling the legal process, you can devote your energy to treatment, recovery, and enjoying time with loved ones.
You Will Always Get Personalized Guidance
Your lawyer will explain your legal options, protections, and strategy so you can make informed decisions about your case and your future.
Don't let an unreasonable insurance company or negligent property owner prevent you from obtaining fair compensation after a life-altering Kansas City slip and fall. The dedicated premises liability attorneys at Foster Wallace are here to help prove your case. With us by your side, you can step into your future with confidence.
