Kansas City, MO personal injury attorney Michael Waddell talks about the biggest challenges faced in slip and fall cases. Slip and fall cases are distinctive because, unlike many other legal contexts, juries often enter these cases with a preconceived belief that individuals are responsible for their own safety. This perception can lead jurors to assume that the plaintiff bears some responsibility for their injuries, operating under the assumption that they should have been more attentive to their surroundings.

The trial lawyer’s challenge in these cases is to effectively communicate to the jury that, although individuals are responsible for their own safety, various circumstances can distract them from recognizing hazards. It is crucial to demonstrate that external factors may contribute to a person’s inability to perceive a potential danger, which can ultimately result in a slip or fall. By framing the argument this way, the lawyer can help the jury understand that the plaintiff’s distraction does not absolve the property owner of liability for maintaining unsafe conditions on their premises.