Personal Injury By Negligence in Kansas
Negligence is a legal idea that involves owing duty to other people, and failure of that duty. This is commonly seen in “slip-and-fall” accidents where through a store owner's failure to maintain a safe environment can result in a personal injury being sustained by a customer. It is the duty of the store owner to maintain the safety of his or her property in a reasonable timeframe.
The State of Kansas employs modified comparative negligence in its civil personal injury courts. This means that the plaintiff can only recover damages and claims if they are roughly 50% or less at fault. If the plaintiff is found to be 49% of the reason they incurred their personal injury, then the defendant owes them no damages. Therefore, speaking with a qualified, experienced personal injury attorney about your case is imperative to the success of your claim.
In a personal injury civil court, negligent elements are derived from several factors:
- The defendant owes the plaintiff a commitment to act, or refrain from committing an act
- The defendant failed to commit or refrain from committing this act
- This failure to commit or refrain from committing cause personal injury to the plaintiff
- The plaintiff suffered actual, measurable damages such as hospital bills, lost wages, or loss of limbs, etc
Read more about Kansas Revised Statutes Section § 60-258a
Please note, the best way to determine negligence is to speak with a Kansas City personal injury attorney in person. I have spent the last 20 years evaluating negligence in Kansas City in both Kansas and Missouri. Contact me today by phone or by email for a free consultation.