When someone invites you onto their property, either with an explicit invitation or through implication—such as when a shop owner opens their business to customers—the property owner owes you a duty of care. This responsibility means that the property owner must work to ensure that they have addressed all dangerous elements of the premises by fixing the issue or marking it so that its existence is clear to all visitors.
Examples of proprietary negligence on private or public property include:
- The presence of unmarked spills on the floor
- Uneven floors
- Cracks in the sidewalk or flooring
- Loose electrical wiring
- Broken steps
- Unmarked debris
- Ice and snow that has not been cleared or salted
Should a property owner violate their duty of care, and you suffer a slip and fall accident as a result, you could file for compensation with the property owner’s insurance company or in a court of law. The law classifies these claims as premises liability cases, given the location where they occurred. Still, you could also pursue compensation for personal injury under the theory of negligence, depending on the severity of your losses and the factors that contributed to your injuries.
A Kansas City slip and fall injury lawyer can help you break down the details of your case and file a legal complaint accordingly. You can reach out to the team at Ben Crump Law, PLLC, for more guidance by calling (800)-647-3113 today.
A Kansas City Slip and Fall Injury Lawyer Can Represent You
To file for compensation after a slip and fall injury, you must first prove that the owner of the property you visited contributed to the conditions that led to your accident. Like car crashes, the parties involved in the accident or who were otherwise present when it occurred could have fault assigned to them.
The courts often determine accidents that result from your own lack of coordination are entirely your fault. However, property owners may neglect to take care of dangerous or otherwise unsafe conditions on their land, contributing to the risk that a person might injure themselves while visiting.
To determine whether the owner of a property where you slipped and fell contributed to your condition, you could reach out to a Kansas City slip and fall injury lawyer. You can walk through your case with the team at Ben Crump Law, PLLC, and explain how the accident came to pass. To complete their investigation of your account, a personal injury attorney can visit the property where you suffered your injury, interview witnesses, and collect evidence that may help your case in court. Call us today to get started on your case.
For a free legal consultation with a slip and fall injury lawyer serving Kansas City, call 800-647-3113
How to Decide Whether to Go to Court After a Slip and Fall Accident
A Kansas City slip and fall accident can represent you in one of two ways after a slip and fall accident:
- Negotiations with an at-fault property owner or their representatives
- Arguing your case before a judge and jury
Representation in court requires you to file a lawsuit where you outline the identity of the party you believe has liability for your losses and the evidence you have established that they failed to uphold their duty of care. You can also elaborate on the compensation you believe you should recover because of your losses.
Your potential compensation can involve economic and non-economic damages, ranging from the medical care you needed to the cost of the pain and suffering you experienced from your injuries. You can work with a Kansas City slip and fall lawyer to determine the exact dollar amount affiliated with both forms of compensation.
Keep in mind, though, that you need to submit your complaint within Missouri’s statute of limitations, as outlined in Missouri Revised Statutes (RSMo) §516.120. In the case of a personal injury, you have five years from the accident date to file your suit.
Settling Slip and Fall Cases Without a Judge
Of course, you can also choose to avoid the courtroom altogether while still seeking compensation for your losses. To do so, you can work with a Kansas City slip and fall injury lawyer to send a demand letter to the property owner.
As the Legal Information Institute (LII) explains, demand letters work similarly to complaints, as they explain why you believe the property owner is liable for your losses, the medical bills you have incurred, and the compensation you hope to recover. However, you deliver demand letters directly to the named party instead of to a court. Should the property owner wish to discuss your losses with you, you can negotiate for compensation one-on-one or with the aid of a Kansas City slip and fall lawyer.
Kansas City Slip and Fall Injury Lawyer Near Me 800-647-3113
Get Reimbursement for Your Post-Accident Expenses with Help From Ben Crump Law, PLLC
Before you take legal action after a slip and fall accident, you will want to take care of any injuries you or a loved one suffered because of the accident. Once you’ve taken care of any medical treatments you may need, you could reach out to a Kansas City slip and fall injury lawyer for assistance.
A personal injury attorney can help you bring together the documents you need to establish how the property owner breached their duty of care, resulting in your injury. They can also help you negotiate a settlement for your losses outside of court if the property owner recognizes that their failure to uphold their duty of care contributed to your losses.
Keep in mind that you can fight to get your life back on track without taking significant financial risks. Ben Crump Law, PLLC, will not bill you for its services unless you receive compensation for your losses. You can reach out to our team today for a free consultation by calling (800)-647-3113.