Slip and fall accidents can happen anywhere: a wet floor in a grocery store, a broken staircase in an apartment complex, a pothole in a restaurant parking lot. When these accidents cause serious injuries, the property owner or manager may be legally responsible.
Slip and fall injuries in Wichita frequently occur at Towne East Square, Towne West Square, New Market Square, Bradley Fair, the Greenwich Place and Rock Road retail corridors, Intrust Bank Arena, downtown Wichita restaurants and shops along Douglas Avenue, Sedgwick County Zoo, Botanica Wichita, and the Old Town entertainment district, as well as apartment complexes, office buildings, and parking lots throughout Sedgwick County.
At Monge & Associates Injury and Accident Attorneys, our Wichita slip and fall lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Wichita or anywhere in Sedgwick County, speak with our legal team at (316) 531-9975.
What to Do After a Slip and Fall in Wichita
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Ascension Via Christi St. Francis (a Level I trauma center), Wesley Medical Center (a Level II trauma center), and Ascension Via Christi St. Joseph can provide immediate care.
2. Report the Incident. Notify the property owner or manager. Request a written incident report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under Kansas’s modified comparative negligence rule.
5. Contact a Wichita Slip and Fall Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Wichita Slip and Fall Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in Kansas.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. The Kansas Supreme Court struck down the statutory cap on non-economic damages in 2019 (Hilburn v. Enerpipe Ltd.), so there is currently no cap in personal injury cases.
Punitive Damages: In cases involving egregious misconduct, Kansas courts may award punitive damages (capped at the lesser of the defendant’s highest annual gross income over the preceding five years or $5 million under K.S.A. § 60-3702, with exceptions for profitable misconduct).
Proving Premises Liability in Kansas
To succeed in a slip and fall case in Kansas, your attorney must establish four elements.
Duty of care. Kansas law requires property owners and occupiers to exercise reasonable care to keep premises safe for visitors. Business invitees (customers, clients) are owed the highest duty of care. The property owner must inspect for hazards, repair known dangers, and warn visitors of conditions that are not immediately obvious.
Knowledge of the hazard. You must show the property owner had actual or constructive knowledge of the dangerous condition. Constructive knowledge can be established if the condition existed long enough that a reasonable owner would have discovered it through routine inspection. Surveillance footage, maintenance logs, and prior incident reports are critical evidence.
Failure to address the hazard. The owner must have failed to fix the hazard, warn visitors about it, or take reasonable steps to prevent injuries. Warning signs alone may not be sufficient if the owner had time to repair the condition.
Causation. The hazardous condition directly caused your fall and your resulting injuries.
Modified Comparative Negligence (50% Bar): Under Kansas’s modified comparative negligence rule, if you are found 50% or more at fault, you cannot recover any compensation. Insurance companies may argue you were not paying attention, were wearing inappropriate footwear, or ignored visible warnings. Every percentage point of fault they can attribute to you directly reduces your compensation, and pushing you to 50% eliminates it entirely.
Wichita Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Wichita? Kansas gives injury victims two years (K.S.A. § 60-513(a)(4)) to file a lawsuit.
Can I still recover if I was partially at fault? Kansas follows modified comparative negligence with a 50% bar. You can recover compensation if you are less than 50% at fault, but your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you are barred from recovery entirely. Legal representation helps minimize the fault attributed to you.
Where will my Wichita case be heard? Most cases are heard in the Sedgwick County District Court, part of the Eighteenth Judicial District.
How much does a Wichita slip and fall lawyer cost? Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
3450 N Rock Rd #201
Wichita, KS 67226
Phone: (316) 531-9975
Contact a Wichita Slip and Fall Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Wichita, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (316) 531-9975, or contact us online for a free consultation.
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