Kansas City, MO personal injury attorney Michael Waddell talks about the biggest challenges faced in slip and fall cases. He states that slip and fall cases are unique because, unlike most personal injury claims, juries often enter with the assumption that individuals are responsible for their own safety. In these cases, there is a strong tendency to assign comparative fault to the plaintiff, under the belief that everyone should be paying attention to where they are walking.

His role as a trial lawyer, he notes, is to present the circumstances in a way that the jury can understand. While acknowledging that individuals are responsible for their own safety, he emphasizes that distractions or unexpected conditions on the premises can prevent someone from noticing hazards. By clearly demonstrating these factors, he helps the jury appreciate that the property owner’s negligence can be the primary cause of the slip or fall, even if the plaintiff exercised reasonable care.