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Castle Law Office

When Injured After Slipping, Who’s At Fault?

Slip, Trip and Fall

Slips, trips and falls are one of the leading causes for trips to the emergency room, with almost 9 million visits annually. Tripping and hurting yourself around the house is one thing, but if you fall in a public building, in a business or on ice in a parking lot, does the business owner have some fault?

It’s part of everyday life for things to get spilled in grocery stores and items to fall off shelves or racks. A property owner can’t always be held responsible for not immediately cleaning everything spilled on a floor, or getting rid of every speck of ice in a parking lot.

In order to prove liability on the part of the owner, we must prove one of the following:

  • The owner or an employee must have caused the spill, or other slippery or dangerous surface.

  • The owner or an employee must have known about the dangerous surface but done nothing about it.

  • The owner or an employee must have known the surface was dangerous because any “reasonable person” would have discovered and fixed the dangerous surface.

 

Case Result for Slip Trip and Fall Injury

A recent six-figure case won by Castle Law Office attorneys is a good example for this. We were able to prove that both the owner of a bar and employees knew that a particular staircase was dangerous, and the owner did nothing to fix it. In fact, several people had been injured on that staircase before our client was injured. 

In order to win this kind of case, we also must prove that your carelessness didn’t contribute to the accident. For instance, would a careful person have noticed the dangerous spot and avoided it? Were there any warning signs to watch your step? Were you doing anything (running, jumping, etc.) that made falling more likely?

In this client’s case, the stairway was not well lit, and there were no warning signs. As such, it was easier for us to prove our case. 

If you’ve been injured from slipping and falling, and you think the owner of a business may be at fault, call us today at 816-842-7100 to speak with an attorney. Or you can click here to email us and schedule your free consultation. We take all injury cases on a contingency basis, which means that we don’t get paid unless we win the case for you.


Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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