In Kansas, negligence is a foundational concept in personal injury law. It forms the basis for many claims that arise from car accidents, slip and fall incidents, medical errors, and other types of harm caused by careless actions. To successfully pursue a negligence claim, it’s essential to understand what the law requires and how it applies to your situation.

What Is Negligence?

Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to another person. Under Kansas law, negligence is defined as the failure to do something a reasonably careful person would do, or doing something a reasonably careful person would not do, under similar circumstances.

The Four Elements of Negligence

To establish a negligence claim in Kansas, the injured party (plaintiff) must prove the following elements:

1. Duty of Care – The defendant had a legal obligation to act reasonably and avoid causing harm.
2. Breach of Duty – The defendant failed to meet that standard of care.
3. Causation – The defendant’s breach directly caused the plaintiff’s injuries.
4. Damages – The plaintiff suffered measurable harm or loss as a result.

If any of these elements are missing, the claim may not be successful.

Comparative Negligence in Kansas

Kansas follows a modified comparative negligence rule. This means that if the injured person is partially at fault for the accident, their compensation will be reduced by their percentage of fault. However, if they are found to be 50% or more at fault, they cannot recover damages at all. This rule encourages fairness in determining liability and damages.

Examples of Negligence

Negligence can take many forms, including:

• A driver texting while driving and causing a crash
• A property owner failing to fix a broken step
• A medical professional ignoring proper safety protocols

Each case depends on the specific facts and evidence involved.

How Legal Representation Can Help

Proving negligence often requires a detailed investigation, gathering of evidence, and expert testimony. Having knowledgeable legal representation can make a significant difference in securing fair compensation for your injuries.

At Law Offices of Randall J. Price, we can provide legal assistance to the Wichita public. Our team helps injured individuals understand their rights and navigate the complexities of Kansas negligence law.