Proving Negligence in Slip and Fall Accidents

Accidents slip or fall accidents fall accidents personal injury lawyer

Falls are the second leading cause of unintentional injury deaths worldwide, with around 8 million people visiting hospitals each year because of injuries caused by them. In 2023 alone, 47,026 people died from falls at home and in the workplace (Injury Facts®).

These accidents often lead to serious, life‑altering injuries such as traumatic brain injuries, spinal cord injuries, broken hips or pelvis, shoulder and neck injuries, and more.

When your slip, trip, or fall is caused by someone else’s negligence, you have the right to pursue compensation for your injuries. Working with an experienced personal injury attorney in Kansas City can help you fight for fair compensation and protect your future.

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Understanding Negligence

First, you need to know that Missouri is a comparative negligence state. That means that whatever percentage of fault you may bear for the accident, the court will reduce the damages it awards by that percentage.

  • Example: If damages are valued at $100,000 but you are found 10% at fault, your award will be reduced to $90,000.
Accidents slip or fall accidents fall accidents personal injury lawyer negligence

Your accident must meet all elements of negligence.

Proving negligence, simply put, means:

  • The property owner owed you a duty of care.
  • The owner breached the duty of care.
  • The breach directly caused your accident and injuries.
  • You suffered damages resulting from the accident.

A property owner has a duty to maintain their premises to a reasonable standard and remedy any dangers in a timely manner. To prove negligence on the part of a property owner, one must show the:

  • The property owner should have known of the dangerous or hazardous conditions.
  • The owner knew of the condition but did not fix it.
  • The owner caused the dangerous condition.

Keep in mind, this is a general overview of negligence. Your personal injury lawyer will help guide you through the process, carefully evaluating these factors to determine liability and build a strong case.


If you have been seriously injured in a slip, trip, and fall accident, call us at (877) 284-6600.


Evidence That Strengthens Your Claim

To prove negligence and maximize your compensation, strong evidence is essential. Common forms of proof include:

  • Medical records, diagnostic imaging, and medical documentation
  • Medical bills for treatment
  • Testimony from medical experts
  • Expenses for necessary home modifications to accommodate your injury
  • Accident reports
  • Witness statements
  • Security camera footage
  • Photographs of the hazardous condition and your injuries
  • Paystubs and other evidence of lost income

This evidence helps demonstrate the extent of your injuries, financial losses, and the property owner’s responsibility.


WHY HIRE NASH & FRANCISKATO?

Injuries from a slip, trip, and fall can severely impact one’s mobility, independence, and quality of life—especially for older adults, who face higher risks of long‑term complications. Recovery often takes months, and medical costs can quickly add up.

At Nash & Franciskato, our Kansas City‑based team has a proven track record of helping accident victims recover the compensation they deserve. We act as your advocate, guiding you through every step of the legal process while you focus on healing.

Call us today at (877) 284-6600 for a free, no‑obligation case evaluation. One of our experienced attorneys will speak with you personally.

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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Editor’s Note: This slip and fall post was originally published March 5, 2021. It was reviewed on August 23, 2023 and updated for content and accuracy. Last update: November 11, 2025.

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