Did you slip, trip, or fall on someone else’s property in Salina? If you are hurt, do not dismiss your injury and do not blame yourself. Property owners in Kansas have a legal duty to keep their premises safe and warn visitors of known hazards. When they fail in that duty, they are responsible for the consequences.
At Bretz Injury Law, our Salina office serves slip and fall victims across Saline County. We handle every case on a no-win, no-fee basis, so call (785) 268-4968 for a free case evaluation.
Slip and Fall Attorneys Serving Salina
Bretz Injury Law represents slip and fall victims in Salina and throughout Saline County. Our office at 100 N 7th St., Ste 207, Salina, KS 67401 puts us close to the businesses, properties, and courts where our clients’ cases are resolved. When you hire our firm, you are working with premises liability attorneys who understand how Kansas property owners and their insurers fight these claims.
Attorney Matthew Bretz has practiced personal injury law in Kansas for more than 30 years. He built this firm on the belief that injured people deserve focused, personal attention from their lawyer. We are an intentionally small firm, so your case will never be handed off to someone you have never spoken with.
We offer free consultations to every prospective client, and we handle all slip and fall cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Hablamos español.
Without an Attorney vs. With Bretz Injury Law
Property owners and their insurance companies rely on the open and obvious defense to deny Kansas slip and fall claims. This argument shifts blame onto you by claiming the hazard was visible and you should have avoided it on your own. Without legal representation, you have very little ability to push back against that argument or the adjuster behind it.
Falling at a store or in a parking lot can feel embarrassing. Many people assume their injury is their own fault and never pursue a claim. But embarrassment should never stop you from holding a negligent property owner accountable for a hazard they created or ignored.
When you hire Bretz Injury Law, we move quickly to gather the evidence that builds these cases. That includes requesting surveillance footage before it is overwritten, obtaining maintenance and inspection logs, and interviewing witnesses who saw the conditions that caused your fall.
Types of Cases We Handle in Salina
Our Salina attorneys handle slip, trip, and fall cases at every type of property in Saline County. The location of your fall and the hazard involved directly shape how we investigate your claim and who we hold responsible. The types of slip and fall cases we handle include:
- Wet floor injuries at grocery stores, restaurants, and retail stores
- Ice and snow falls on sidewalks, parking lots, and outdoor steps
- Trips on uneven surfaces, cracked pavement, or broken stairs
- Falls in poorly lit stairwells, parking garages, and apartment hallways
- Torn carpet, loose rugs, and unsecured floor mats
- Missing or broken handrails
- Falls on government-owned property
Grocery stores and retail locations along Santa Fe Avenue are among the most common fall locations in Salina. Icy conditions on commercial parking lots and sidewalks account for a significant share of fall injuries during winter months. If your fall involved a vehicle, our Salina car accident attorneys can also evaluate that claim.
How Kansas Law Affects Your Slip and Fall Case
Kansas slip and fall law determines whether a property owner is responsible for your fall and how much you are allowed to recover. The rules are specific, and getting any of them wrong can cost you your entire claim.
Under Kansas law, property owners owe the highest duty of care to invitees, which includes customers, tenants, and anyone on the property for the owner’s benefit. That duty requires the owner to inspect for hazards, fix dangerous conditions, and warn visitors about risks they cannot immediately address.
A successful claim requires proving that a hazard existed, that the owner knew or should have known about it, that they failed to act, and that the condition caused your injury.
The Open and Obvious Defense
The open and obvious defense is the most common reason Kansas slip and fall claims get denied. Property owners use this argument to claim they owed you no duty to warn because the hazard was visible to a reasonable person. Insurance adjusters treat this defense as a case-closer, but Kansas courts have recognized several exceptions.
You can still recover compensation even when a hazard was visible. If there was no reasonable alternative path around the danger, or if the property owner created the hazard in the first place, the defense may fail.
A distraction at the time of your fall, such as signage directing you toward the hazard, can also weaken the property owner’s argument. An experienced attorney knows how to challenge this defense with the right evidence.
The 50% Comparative Fault Rule
Kansas follows a modified comparative fault system under K.S.A. 60-258a that sets a hard cutoff for injured individuals. If you are found 50% or more at fault for your fall, you recover nothing. Below that threshold, your compensation is reduced by your share of the blame.
Insurance companies use this rule aggressively. Adjusters may argue that you caused your own fall by texting while walking, wearing improper footwear, or ignoring a posted warning sign. An attorney can investigate the scene and preserve evidence before the insurer builds a case against you.
The Two-Year Filing Deadline
The statute of limitations for a Kansas slip and fall claim is two years from the date of your injury under K.S.A. 60-513. Missing that deadline eliminates your right to file a lawsuit and recover compensation entirely. Evidence degrades over time as witnesses forget details and maintenance records are discarded. Contacting an attorney early protects both your legal deadline and the evidence your case depends on.
What Should You Do After a Slip and Fall in Salina?
The evidence that proves a slip and fall case can disappear fast, so the steps you take right after your fall are just as important as anything that happens later. If you are able to, follow this sequence:
- Report the incident to the property owner or manager. Ask for a written incident report and keep a copy. If they refuse, document that refusal.
- Photograph the hazard. Take photos of the wet floor, icy surface, broken step, or whatever caused your fall. Include the surrounding area, the lighting, and any warning signs or the absence of them.
- Get witness contact information. Other customers or bystanders who saw the conditions can support your claim later.
- Seek medical attention immediately. Concussions and internal injuries can take days to produce symptoms.
- Preserve your shoes and clothing. The shoes you were wearing may become evidence in a comparative fault analysis. Do not throw them away.
- Do not give a recorded statement to any insurance company. Speak with a Salina slip and fall attorney first.
- Contact Bretz Injury Law as soon as possible. Surveillance footage from nearby cameras may be overwritten within 24 to 72 hours.
Common Slip and Fall Injuries
Slip and fall accidents cause injuries that vary widely in severity. Some victims walk away with a sprain, while others face permanent disability or death. Broken bones are among the most common outcomes, particularly hip fractures in older adults.
For many elderly victims, a single hip fracture can mean the permanent loss of independence, the need for full-time care, and a sharp decline in overall health.
Falls are also the leading cause of traumatic brain injury in the United States, according to the CDC. A concussion from hitting your head on a hard surface can affect memory, concentration, and mood for months or longer. Other common fall injuries include torn ligaments, herniated discs, spinal cord damage, shoulder and knee injuries requiring surgery, lacerations, and scarring.
What Compensation Can You Recover After a Salina Slip and Fall?
Kansas law allows slip and fall victims to recover damages for the full scope of losses caused by a property owner’s negligence. The value of your claim depends on the severity of your injuries, how long your recovery takes, and whether you will need ongoing medical care.
Economic damages cover your current and future medical bills, surgery, physical therapy, rehabilitation, lost wages, and any reduction in your earning capacity. Non-economic damages compensate you for physical pain, emotional distress, loss of enjoyment of life, and loss of independence.
If a fall resulted in death, surviving family members may pursue wrongful death damages. Never accept a slip and fall settlement before an attorney reviews the full extent of your losses.
How Bretz Injury Law Can Help
Attorney Matthew Bretz founded this firm after a preventable accident took his 16-year-old sister’s life. That personal loss drives the way we approach every slip and fall case, including yours. With more than 30 years of experience and over $300 million recovered for injured clients across Kansas, our team is ready to fight for you.
Acting quickly after an injury gives us the best chance to build a strong case on your behalf. Call our Salina office at (785) 268-4968 or reach out to our team online to schedule your free case evaluation. You pay nothing unless we win