Slip and fall injuries are some of the most common types of injury cases we see in our practice.
Many of our clients are concerned they will be blamed for falling and that they will not be able to recover damages if they bring their slip and fall case in court. The legal term for this issue is “comparative fault.” Put simply, in a slip and fall case “comparative fault” means the portion of fault that is placed on the person who falls.
Comparative fault is almost always an issue in slip and fall cases. But it is an issue that an experienced slip and fall attorney will be familiar with and know how to navigate. In the vast majority of cases, it will not stop the injured person from recovering damages.
This post focuses on comparative fault in slip and fall cases in Kansas and Missouri, but the same principles apply in many other negligence cases, including car accidents.
Kansas and Missouri have different comparative fault rules. So, if you suffered injuries from a slip and fall in Kansas City, the rules will vary based on which side of the state line you were on when you fell.
COMPARATIVE FAULT IN SLIP AND FALLS IN MISSOURI
Missouri has what is called pure comparative negligence. This means that if you are injured in a slip and fall, you can recover as long as the jury finds the defendant at least 1% responsible. This is true even if the jury finds that you are more than 50% responsible. As an example, if a jury in a slip and fall case in Missouri finds that you suffered $100,000 of damages, but finds that you were 80% at fault and the defendant was 20% at fault, you would recover $20,000 in damages (Defendant’s 20% fault X $100,000 damages). The idea behind this system is that it holds the defendant responsible for the portion of damages it caused.
COMPARATIVE FAULT IN SLIP AND FALLS IN KANSAS
Kansas has a stricter comparative fault law than Missouri. In Kansas, if the jury finds the injured person 51% or more at fault, the injured person gets nothing. So, in the above scenario where the jury found the plaintive 80% at fault, the plaintiff would receive $0 rather than $20,000. This makes slip and fall cases in Kansas more difficult generally and makes slip and fall trials in Kansas riskier. If the jury finds that the plaintiff was partially at fault but less than 51% at fault, the plaintiff’s recovery is reduced by his or her fault. If, for example, the jury finds $100,000 in damages and finds the injured person 40% responsible and the defendant 60% responsible, the injured person will recover $60,000 (the defendant’s 60% fault X the $100,000 damages).
IS THE PERSON WHO FELL ALWAYS AT LEAST PARTIALLY AT FAULT?
People often think that a person who fell must bear some percentage of the fault. But that is not the law in Kansas or Missouri. For a jury to find comparative fault in a slip and fall, the defendant must prove that the person fell because her or she failed to exercise ordinary care—they weren’t paying attention, for instance.
In practice, however, juries will almost always place somepercentage of fault on the injured person in a slip and fall. We often hear potential jurors rationalize this by saying that they believe both parties must “accept some responsibility.” As experienced slip and fall lawyers, we work to reduce comparative fault by educating jurors on the correct standard.
DO YOU NEED AN ATTORNEY FOR YOUR SLIP AND FALL
You are not required to have an attorney and you can certainly try to settle your case without one. In the vast majority of slip and fall cases, however, you will fare better with an experienced attorney. Unlike car crashes, where one party is often clearly at fault and insurance companies know they must pay something, businesses and insurance companies frequently deny any responsibility for slip and falls. There are various defenses that can protect business in slip and fall cases and an attorney will know how to identify the correct pressure points to best position your case (including how to address comparative fault).
If you decide to hire an attorney for your slip and fall case, look for a firm that has a history of handling such cases. Ideally, the firm will have tried slip and fall cases to a jury.
If you have been injured in a slip and fall accident and are seeking legal representation, Pospisil Swift is here to help. You can contact the firm at (816) 895-6440 or email to schedule a consultation.
