Under Kansas law negligence is the failure to use ordinary care to avoid a foreseeable harm to person or property. To prove negligence, several criteria must be met:
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First, you must show that there was a duty owed from one person to another. The nature of that duty may change depending on the relationship of the parties. Typically, persons owe a duty of “ordinary care” to other people. However, a child is held to a lower standard, that being what another child would do under the circumstances, as opposed to what an adult would do. Certain professionals and tradesmen are held to a higher standard, that being what other persons in that profession or trade would do under the circumstances.
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Second, it must be shown that there was a breach of that standard of care. In other words, someone failed to do what they should have under the circumstances.
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Third, it must be shown that the breach of that standard of care was the actual and legal, cause of the injury. This means that the injury was a foreseeable consequence of the breach of care.
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Lastly, damages must be shown to have resulted from all of the above.
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Negligence is a complex claim in Kansas and may be subject to other defenses including comparitive fault.
If you or a loved one is in need of legal assistance, call Ray Hodge & Associates at (316)269-1414. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we recover money on your behalf. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your rights.
