If you file a claim for a slip and fall injury, the defendant will commonly attempt to prove that you contributed to your injury. It may be claimed that you were in an unauthorized area, should have seen the hazard, or that you were distracted by something that caused you to slip and fall, like a text message or phone call.The courts may decide that both parties were at fault for the accident. However, that does not prevent you from claiming damages.
Kansas is a “comparative fault” state. This means that each party’s level of financial responsibility correlates with their percentage of the fault.