Kansas City Attorney for Slip & Falls Injuries in Parking Lots
Store parking lots are common locations for slip and fall accidents. However, the store owner may or may not be liable for damages from a parking lot slip and fall injury. Before filing an injury claim or accepting a settlement offer, it may be worthwhile to speak with our slip and fall lawyer in Kansas City, Missouri.
An attorney investigates what caused your fall in the store parking lot and identifies all parties who might be liable for your injuries. By identifying the correct parties who are responsible for maintaining the parking lot, you increase your chance of recovering maximum compensation for your injuries and damages.
Our Kansas City injury attorney handles slip and fall cases throughout Missouri and Kansas. For a free, no-obligation consultation, call us at 816-203-0143.
How Parking Lot Slip and Fall Accident Commonly Occur in Kansas City
The first step is to identify the factors that lead to your fall in a store parking lot. Several factors could have contributed to your fall, including but not limited to:
- The condition of the parking lot surface, such as cracks or holes.
- Ice, snow, water, or other slick substances that increase the risk of a fall.
- Poor lighting conditions.
- Debris or other tripping hazards, such as poorly marked dividers, curbs, or speed bumps.
- Your own carelessness, distractions, or choice of footwear.
Once the factors that led to the fall are identified, it is easier to identify who may be liable for your damages.
Who is Liable for a Store Parking Lot Slip and Fall in Missouri or Kansas?
If your actions contributed to the cause of the fall, you might be responsible for your injuries and damages. Both Kansas and Missouri both have comparative fault laws that could reduce the amount of compensation you may receive if your actions contributed to the cause of your fall. In Kansas, you can be barred from receiving any compensation for a fall if your fault for the cause of the accident was 50 percent or higher.
Parties that could have liability for a slip and fall in a store parking lot include the store operator and property owner. A third party could also be liable, such as a landscaping contractor, maintenance company, or construction company. Who is liable is determined by who was responsible for the cause of the fall.
Also, a workers’ compensation claim may be applicable in a slip and fall case. If you were performing duties within the ordinary course of your employment, such as running required errands for your boss, you might also be entitled to compensation under a workers’ compensation claim. That does not mean that another party may also be liable for your damages, so talking to a Kansas City slip and fall attorney is still a wise idea.
Proving Fault in a Slip & Fall Case
Before you can recover any compensation for your injury claim, you must prove fault. Slip and fall cases typically fall under premises liability law.
The three legal elements you must prove in a case involving premises liability are:
- Duty of Care — The liable party owed you a duty of care to provide safe premises for visitors and guests.
- Breach of Duty — The party breached the duty of care, such as failing to maintain the premises or failing to take reasonable measures to address a dangerous condition.
- Causation — The breach of duty was a direct and proximate cause of the fall, which led to your injuries and damages.
If a fall did not cause injuries or damages, you cannot recover compensation for a claim. Likewise, if you cannot prove that the owner or other party failed to take reasonable care and precautions to prevent injuries to guests and visitors, you may not win your case.
Injuries and Compensation for a Parking Lot Slip and Fall
Falls can cause severe injuries, including brain damage, broken bones, spinal cord injuries, and neck injuries. Some parking lot injuries could cause permanent impairments and disabilities. Some victims may face a lengthy recovery or be unable to return to work at all.
The damages in a slip and fall claim vary in each case. However, most individuals who prove fault and liability can receive compensation for their medical treatment, loss of income, pain, and suffering. If the case involves a permanent disability, the compensation can be substantial because the case involves future loss of income, ongoing medical care, and severe emotional and physical trauma.
An experienced slip and fall attorney will be able to assess the factors that impact case value and provide you with an understanding of the value of a fair settlement in your slip and fall case.
Contact a Kansas City Slip and Fall Attorney for a Free Case Review
If a fall in a store parking lot caused your injury, take steps now to protect your legal right to hold a store owner, property owner, or other parties responsible for the pain and suffering caused by a fall that was not your fault.
Contact the Law Office of Kevin J. McManus by calling 816-203-0143 to schedule a free consultation with a Kansas City slip and fall lawyer. Do not wait too long to seek legal advice. Your time to file a claim is limited.