Slipping on an unmarked wet floor or tripping over a broken stair can leave you with serious injuries—and serious questions about who is responsible. Property owners and their insurers often push back by arguing that you share some of the blame for your accident. That accusation can directly reduce the money you recover or, in some cases, block your claim entirely. Kansas and Missouri each handle these disputes through distinct comparative negligence statutes.
Examples of Shared Fault in a Premises Liability Case
There are many situations where both parties share the blame for a premises liability accident. For example, you may be texting while walking through a retail store and fail to notice a puddle that an employee left unattended for over an hour. You may wear flip flops on a slick pool deck at an apartment complex, where the owner may say your footwear choice played a role in the accident. Whatever the case, shared fault can affect your ability to secure compensation following an accident.
How Comparative Negligence Works in Kansas and Missouri
Kansas and Missouri allow injured visitors to recover compensation even when they bear some responsibility. However, the rules diverge in important ways depending on which side of the state line your injury occurred.
Modified Comparative Negligence in Kansas
Kansas follows a modified comparative negligence standard with a 51% bar rule. This means that you can recover damages as long as your share of fault stays at 50% or below, but your compensation is reduced by your percentage of blame. If a jury finds you 30% responsible for a $100,000 claim, you would receive $70,000. Cross the 51% threshold, and you are barred from recovering any compensation.
Pure Comparative Negligence in Missouri
Missouri operates under a pure comparative negligence standard, which is more forgiving. You can pursue compensation regardless of your share of liability, even if you are found 99% responsible. Your recovery is still reduced by your percentage of fault; if you are seeking $100,000 in damages but are determined to be 90% at fault, you would receive $10,000.
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Evidence That Can Counter Shared Fault Allegations
To push back against allegations of fault, you need evidence that tells a clear story about what actually caused your injury. Several types of proof tend to carry significant weight:
- Surveillance Footage: Video from security cameras can show the hazard, how long it existed, and your actual behavior at the time of the incident.
- Witness Statements: Accounts from bystanders or other customers can confirm that warning signs were missing or that the dangerous condition wasn’t obvious.
- Incident Reports: Official reports filed with the property owner document the location and circumstances while details are still fresh.
- Maintenance Records: Logs showing skipped inspections or ignored repair requests can establish the owner’s failure to address known risks.
How a Premises Liability Attorney Can Help Protect Your Right to Compensation
When shared fault is on the table, the percentage assigned to you can mean the difference between full recovery, reduced payment, or nothing at all. In these situations, you deserve a defense as robust as the property owner’s legal counsel. A Kansas City premises liability attorney can challenge inflated fault assignments and negotiate for the maximum compensation your case allows. Reach out to an attorney today to discuss your situation and protect what you are owed.