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James M. Roswold is licensed in Missouri Only. Heather A. Lottmann is licensed in Kansas and Missouri. Victor B. Finkelstein is licensed in Kansas and Missouri.
Falls are the leading cause of injury-producing accidents. In the United States, falls account for more than eight million injuries every year. They are particularly dangerous to the elderly. Almost 16,000 people a year over the age of 65 dies from fall-related injuries.
Slip and fall accidents are caused by an unexpected change in walking surface. Sometimes when people fall, it is their own fault. A person can cause injury to themselves by wearing inappropriate shoes or pants that are too long, by not tying shoelaces, by behaving recklessly or by not paying attention. But, sometimes falls are caused by the negligence of others.
When you are out walking in a public place such as a shopping mall, park or business, you have a right to be warned of any hazards that you may encounter. If the floor at the grocery store has just been mopped, it is expected that there will be “wet floor” signs warning you of a potentially slippery surface. If you are advised of a hazard but ignore the warning, then you assume any risk of injury. For example, if you walk across the wet floor of a grocery store despite numerous “slippery when wet “ signs, the grocery store is not liable if you slip and twist your ankle. You were warned about the danger.
However, if the hazard was ignored or disguised, the property owner is liable if the hazard causes injury. Suppose you had just turned down the frozen food aisle when your legs shot out from under you and you twisted your ankle and bruised your tail bone. You fell because the floor was wet, but you couldn’t tell and you saw no signs. It turns out that an employee had just mopped the floor, but had forgotten the signs and was on his way to get them when he was distracted by another customer. In this case, the store is negligent because the employee caused a hazard, but did not provide any warning.
In order to recover damages in a slip-and-fall premises liability case, you must be able to prove that our injuries are due negligence. To do this you must prove:
1.There was an unsafe condition on the property that caused your fall
2.The owner, manager or an employee knew about the dangerous condition
3.There was time for warnings to be posted or for the condition to be repaired, but warnings were not posted and the condition was not repaired
Wondering how you can prove this? Contact the Kansas City Accident Injury Attorneys. We’ll listen to your story and tell you if you have a case. Your initial consultation with a Kansas City personal injury attorney is always free.
If you have a case, our attorneys will investigate the accident. We’ll find out exactly what happened and who was at fault. Our experienced attorneys will get you the compensation that you deserve for your medical bills, your pain suffering, your lost wages and other damages. If you’ve been injured in a slip-and-fall accident in Kansas or Missouri and you aren’t sure where to turn for help, call The Kansas City Accident Injury Attorneys at 816-471-5111 today.
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Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616 Get Directions
Kansas City Accident Injury Attorneys*
11900 College Boulevard, Suite 300
Overland Park, KS 66210 *By Appointment Only: Heather A. Lottmann & Victor B. Finkelstein