Our Kansas City Slip and Fall Lawyers at Foster Wallace Explain How Premises Liability Works in Injury Cases
Hospitals are meant to be places of healing and recovery, but they can sometimes become the unexpected site of an injury, too. If you’ve suffered a slip and fall accident at a Kansas City hospital, you may be able to sue the hospital for damages. It depends on why you fell. Not every accident warrants legal action.
The viability of your claim rests on several factors, including the hospital’s knowledge of potential dangers. Hospitals have a duty to maintain safe premises for patients, visitors, and staff. You may be eligible for compensation if they are negligent in this responsibility. Consult with our Kansas City premises liability lawyers for a full case assessment.
Slip and Fall Accidents and When the Hospital May Be Liable
The reality is that hospital settings can be rife with all sorts of potential hazards. They’re places with heavy foot traffic, entangled among power cords, liquid supplies, and slick surfaces. Floors may be slippery from cleaning supplies and disinfectants. These factors all align, setting the stage for possible causes of slip and fall accidents in Kansas City hospitals.
Wet or Slippery Floor Accidents
It is easy to slip and fall on a wet or slippery floor. Just as with restaurant slip and fall accidents, hospitals can be places with a lot of liquids. People bring their food and drink onto the premises. Blood and bodily fluids need to be mopped up frequently. Visitors may track rainwater or mud into hallways and waiting rooms.
Hospitals are expected to address these hazards as promptly as possible. Even if they clean up a spill and place a wet floor sign, they could still be liable for damages in some circumstances. We represented a client who slipped and fell at a restaurant in Liberty, Missouri. We argued the wet floor sign was not placed where it should have been, successfully securing an $80,000 settlement.
Tripping Hazards on the Floor
Various liquids and fluids aren’t the only cause of potential slipping injuries in hospitals. Patients, visitors, and staff alike can trip on numerous tripping hazards. These include uneven flooring, debris, and improperly secured mats. You may also trip on the legs of furniture negligently left out in hallways.
Foster Wallace represented a client who tripped on some shoddy carpet at a USPS location in Independence, Missouri. Because the claim was filed against the government, it fell under the Federal Torts Claim Act (FTCA) with a two-year statute of limitations. After fierce negotiation, our client received $90,000 for their losses.
Uncleared Snow or Ice
Winter storms can ravage the streets of Kansas City every year. Snow and rain accumulation, along with frozen icy walkways, can lead to painful slip and fall accidents. The “Winter Storm Doctrine” provides property owners, including hospitals, with a “reasonable time” to clear these hazards during severe weather events. People who go outside during these storms should be aware of the risks of doing so.
If hospital management knows about the hazardous condition and fails to exercise reasonable care to clear it or warn people about it, you may have a case for a personal injury claim. Hospitals are responsible for icy walkways and parking lots as much as they are for building interiors.
Loose or Unfastened Cables and Wires
With so much medical equipment in every ward, loose cables and wires can pose tripping hazards in Kansas City hospitals. These can include power cords for computers, heart rate monitors, imaging machines, and more. Doctors and nurses are constantly moving equipment between rooms. These obstacles can easily go unnoticed until it’s too late.
Visitors and patients walking in areas with unfastened cables and wires can trip over them, resulting in serious injuries. Hospital staff is responsible for properly managing these cables to maintain a safe environment for everyone. This is especially pertinent during temporary renovations where there may be loose electrical wiring. They must secure the wiring to prevent possible tripping and falling.
Broken Supportive Banisters or Handrails
Given the inherent nature of the hospital setting, many patients are often not as mobile as the general public at large. They rely on assistive devices to get around. If these assistive devices and accessibility tools are faulty or poorly maintained, they may pose a potential risk for injury.
Prime examples include handrails and railings, both in stairways and along hallways in the hospital. Patients rely on these supportive structures to maintain their balance. If the handrail is broken or otherwise unstable, patients can quickly lose their balance and fall. This could result in broken hips and other injuries.
The Legal Process for Filing a Personal Injury Claim
Understanding how a slip and fall case works is crucial when filing an injury claim against a hospital. Potential injuries can be serious. These can lead to significant costs, including lost income and hefty medical bills. Victims can suffer head injuries, broken bones, hip fractures, internal injuries, and joint strains and sprains.
You will need to take the following steps for a claim:
- Get immediate medical attention. It is important to seek immediate medical attention and alert the hospital staff of the fall.
- Document the scene. Take photos of the accident scene and document your injuries.
- Obtain witness information. Collect the contact information of potential witnesses to support your claim.
- Contact an attorney. Consult an experienced slip and fall lawyer to gather evidence and build your case. Your attorney can assess your case and determine a value.
- Retain records. It is vital to keep copies of incident reports and medical records.
- File a lawsuit. You will need to file a personal injury premises liability lawsuit with the help of your attorney.
- Negotiate with the insurer. To reach a fair settlement, your attorney can negotiate with the hospital’s insurance company.
- Court proceedings. If a settlement cannot be reached, your case will proceed to trial.
Remember that personal injury claims in Missouri have a five-year statute of limitations. It’s important to act promptly to preserve evidence. Your lawyer at Foster Wallace will guide you through each stage of this legal process, ensuring your rights are protected and fighting for your right to fair compensation.
Proving Premises Liability for a Slip and Fall Accident
The primary challenge of a hospital slip and fall accident is establishing premises liability. As discussed above, the hospital is not inherently liable for every accident that happens on its property. To win your case, you and your lawyer must prove the hospital violated its duty of care.
All property owners are expected to maintain reasonably safe premises for anyone they invite onto the property. For hospitals, this includes staff, contractors, patients, and visitors. They are expected to clean up spills and repair broken handrails within a reasonable amount of time. Failing to warn visitors of possible hazards may breach this basic duty of care.
Missouri law observes the doctrine of comparative negligence. This means that even if victims are partially at fault for their injury, they are still entitled to recover damages. The law reduces their compensation by their percentage of fault.
Potential Recoverable Damages in a Hospital Slip and Fall Accident Lawsuit
If you can prove that the hospital’s negligence or carelessness was the direct cause of your slip and fall injury on their property, you may be entitled to compensation. This includes both economic and non-economic damages.
- Emergency medical attention, like hospital care
- Ongoing medical treatment, like doctor’s visits, surgery, and physical therapy
- Costs of pain medication and other pharmaceuticals
- Lost wages from work you missed because of your injury, including paid time off (PTO)
- Diminished earning potential due to permanent disability
- Physical pain and suffering
- Emotional distress and loss of enjoyment in life
- Other out-of-pocket expenses relating to the slip and fall accident
- Punitive or exemplary damages
The Importance of Experienced Legal Representation
Health care and insurance are two of the largest industries in the United States. Put them together in a hospital slip and fall accident, and it quickly becomes a case of David vs. Goliath. It can feel intimidating to sue a hospital, but you are well within your legal rights to seek fair compensation for your injuries and losses. And you shouldn’t have to take them on alone.
The personal injury attorneys at Foster Wallace bring years of experience to the table and proudly advocate for our clients. We will gather relevant evidence and develop the strongest case possible, treating you with compassion and care.
"Michael Foster is hands down the best attorney. He was responsive, professional, and most importantly, he guided me throughout the entire process and broke down every different option we could take,” writes client Arron Long. “He actually cares about you and will fight to get you as much justice as possible. I recommend Michael to everyone I know.”
