Kansas City Slip and Fall Accident Lawyer
A slip and fall accident might sound relatively harmless, but anyone who has experienced such an accident can tell you that it can be quite dangerous. That is because it is possible to suffer serious and debilitating injuries in a slip and fall accident. If a person slips and falls down a flight of stairs or slips and hits their head, then they could suffer severe long-term injuries that could leave them incapacitated for some time. That means a simple slip and fall accident could end up costing a person a lot of money, but if the accident was the fault of someone else, then the accident victim may not have to pay for any of their accident-related expenses out of pocket.
When a person slips and falls on someone else’s property because of a dangerous condition on that property, then the property owner is responsible for the accident. That is because a slip and fall accident is a subset of premises liability law, which in turn is a part of personal injury law. That means the accident victim has the right to be compensated by the insurance company of the at-fault party. However, they will need the help of a personal injury attorney to get the compensation that they need.
The Eslinger Law Firm has been helping residents of Kansas City with their slip and fall cases for years, so we have the experience, knowledge, and expertise needed to help anyone who has suffered such an accident. We can help our clients through every step of the process, from helping them file their injury claim all the way to negotiating with the insurance company. If a lawsuit becomes necessary, then we will be with you every step of the way fighting for your victory. So if you suffered a slip and fall in Kansas City, then get in touch with the Eslinger Law Firm as soon as possible.
The Elements of a Slip and Fall Case
Since a slip and fall is a part of personal injury law, that means it needs to have the following elements in order for it to be considered valid:
- The property owner owed the victim a duty of care. Whether the property is commercial— like a grocery store— or residential— such as a house— the owner should behave in the way a reasonable person would under similar circumstances. That means they owe it to their visitors to provide a safe environment and to remove, or warn visitors about, any dangerous conditions that could cause harm.
- The property owner violated their duty of care. This means that the property owner was negligent and did not address a condition on their property that could cause harm to others. For example, a homeowner who failed to warn their guests about a damaged step that could cause an accident.
- The violation of the duty of care led to an accident. That means that whatever form of negligence was displayed by the property owner caused a visitor to slip and fall on their premises.
- The accident caused losses for the victim. This simply means that the accident victim was injured in the slip and fall. The losses could be the medical expenses caused by their injuries or the lost wages they experience because they are unable to work while they recover.
An additional element in slip and fall cases is that the victim had to be on the property legally. That means trespassers cannot receive compensation if they got injured because of a dangerous condition on someone else’s property. The exception is the attractive nuisance doctrine, which applies to child trespassers.
The doctrine states that if there is something on the property that could attract the attention of a child, then the owner should make sure that it is safe or inaccessible to children. If the owner fails to do so and a child slips, falls, and hurts themself as a result of the attractive nuisance, then the owner is liable for the accident whether or not the child was trespassing.
Common Injuries Caused By a Slip and Fall
A slip and fall can cause a wide variety of injuries, though that depends on where the slip and fall takes place, which is why some slip and fall accidents are more dangerous than others. The following are some of the more common kinds of injuries that are caused by slip and fall accidents:
- Broken or fractured bones
- Dislocated joints
- Traumatic brain injuries
- Sprained wrists or ankles
- Soft tissue injuries
- Hip fractures
- Cuts and bruises
- Spinal cord injuries
- Neck and shoulder injuries
- Knee injuries
After a slip and fall, it is important that you see a doctor as soon as possible, even if you think that you are uninjured. That is because some kinds of injuries, such as soft tissue injuries, may not be immediately noticeable. A medical evaluation is not just good for your health. It is also good for your injury claim because the insurance company might try to claim that any latent injuries were not caused by the accident. That could give them an excuse to reduce or deny your compensation altogether.
How a Slip and Fall Lawyer Can Help You
A slip and fall lawyer is valuable for many different reasons: they can help you file your injury claim; they can gather evidence that proves the property owner was at fault; they can calculate all of your accident-related expenses; they can negotiate with the insurance company to make sure that they offer a fair settlement. That last point is especially important because the insurance company of the property owner will always try to claim that the slip and fall was completely or partially your fault so that they can reduce or deny your compensation.
Your attorney can help to prove that the property owner was responsible for your slip and fall accident. But even if you were partially at fault for the accident, you can still be compensated for your losses. The reason is that Missouri is a comparative negligence state, which means that if someone is partially at fault for an accident, they can still receive compensation based on their percentage of fault. That means if the courts decide that the accident victim was 25% responsible for their accident, then they are entitled to 75% of the compensation they would have received if they had no fault at all. A personal injury attorney can help slip and fall accident victims maximize their settlement amount regardless of their level of fault.
Contact Us If You Were in a Kansas City Slip and Fall Accident
At the Eslinger Law Firm, we know how devastating a slip and fall accident can be, which is why we are dedicated to helping anyone in Kansas City who was injured because they slipped and fell on someone else’s property. We will help the victims of such accidents throughout every stage of the injury claim process to give them the best chance of receiving the compensation that they deserve.
It can be difficult for the victims to go through this process alone, especially when they are injured. That is why we will do all of the heavy lifting for them so that they can focus on their recovery. The Eslinger Law Firm can help you to maximize your compensation no matter the situation; so if you suffered a slip and fall accident in Kansas City, then contact us at the Eslinger Law Firm to get the help you need and the compensation you deserve.