If you’ve been injured in a car accident, boat accident, or a slip and fall accident, you likely have many questions about fault, liability, or compensation in Kansas. Here are the answers to these questions and others to help you better understand the situation from a legal perspective.
What should I do after a car accident?
Right after the accident, you should call 911 for medical attention. Then you can check on everyone involved, document the evidence, and exchange information. There are also things to do over the next few days, including contacting your insurance company and seeing a doctor.
What should I know about filing a lawsuit for a car accident injury?
Laws for car wrecks in Kansas are slightly different from many other states. In addition to standard car insurance, you must also have a personal injury protection (PIP) policy. This prevents many lawsuits for insignificant injuries, but it doesn’t mean you can’t sue for any car accident. You must meet certain requirements by having a specific type of injury or exceeding the amount provided by the PIP.
How can I determine liability in a boating accident?
Boating laws are significantly different from car laws. For example, Kansas doesn’t require boat owners to have boat insurance. This means that if you’re found liable, you have no insurance to help cover compensation. However, an injured party can only file a boat accident lawsuit if they can prove that the other boat operator caused the accident by negligence or breaking the law.
How can I determine liability in a slip and fall accident?
Liability for this kind of accident usually depends on whether or not a “reasonable” person could define an obstacle as a hazard, and assume it would likely result in an injury. For the most part, the property owner (or a person the property owner has placed in charge) is responsible for making sure that there are no dangerous obstructions or hazards.
If you choose to take the property owner to court, you must be able to prove that they either (1) placed an obstacle where they could reasonably expect someone to trip or slip and fall because of it or (2) failed to fix a hazard (with the knowledge and time to do so) that could reasonably be assumed to lead to a slip and fall.
Moreover, unless your employer was doing something incredibly negligent or wildly outrageous that led directly to your injury, suing them isn’t generally part of the workers’ compensation package. If a third party was involved in the accident, however, you may have a case against the employer.
Can I sue for a defective product injury?
There are no federal laws dealing specifically with defective products, so each state has its own laws. Regardless, to get started, you should know every company involved in creating, building, and selling a dangerous products. This is called “the chain of distribution,” and it includes manufacturers, wholesalers, distributors, and retailers. Filing a suit against all of these parties not only helps make sure you get paid, but it means penalizing everyone who was responsible for having a part in the product.
When it comes to second-hand products, liability varies based on who the retailer is. When you buy a product from a standard retailer, the retailer can certainly be held liable. If you purchased something from a store that advertises used items (such as a used appliance store), the retailer may be liable. If you bought the defective product from a flea market or garage sale, they are generally not included in the lawsuit.
If a product hasn’t caused your injury, you can’t file a claim, even if the product is dangerous or damaged. However, you can file a suit if you are injured by a defective product even if you are not the purchaser or even the user of a defective product. If you are someone who could reasonably be assumed to use the product and were injured by the product, you can file a suit.
Should I admit fault if I caused the accident?
Even if the accident was your fault, don’t admit fault, because it could be used against you later. In fact, some insurance policies have a clause restricting you from admitting fault. Just answer the questions that the police officers ask you, provide your contact information, and take pictures of the accident for your insurance adjuster.
For more information
If you’ve been injured in a car accident, boat accident, or a slip and fall accident, don’t wait to get the legal help you need. Contact us today at (866) 294-7467, or submit this form to learn how much your case is worth.
