What Should I Do If I Was Injured on Someone Else’s Property Due to Negligence in Kansas City?

Understanding the ins and outs of premises liability is the key to unlocking the door to fair compensation for your suffering. Premises liability is the legal concept that holds property owners accountable for injuries that occur on their property due to negligence. Did you know that as a visitor to a property, whether as an invitee or licensee, you may have a right to seek compensation if you’ve been injured due to unsafe conditions? In such situations, you might have a premises liability case.

A woman holding her wrist because of an injury.

Various situations fall under the umbrella of premises liability cases, including:

  • Slip-and-falls
  • Dog bites
  • Negligent security
  • Elevator and escalator accidents
  • Swimming pool accidents
  • Inadequate maintenance
  • Defective conditions

If you have been injured on someone else’s property, it is important to consult with a premises liability attorney from Wendt Law Firm to understand your rights and options for seeking compensation. At Wendt Law Firm, our team is dedicated to providing comprehensive legal support tailored to your unique situation. We will thoroughly investigate your case, gather evidence, and build a strong argument to demonstrate the property owner’s negligence. Our premises liability attorneys are skilled in negotiating with insurance companies to ensure you receive the maximum compensation for your injuries. Additionally, if your case goes to court, we are prepared to represent you effectively and advocate for your best interests. By choosing Wendt Law Firm, you can focus on your recovery while we handle the legal process, offering you peace of mind and the best chance for a favorable outcome.

Don’t wait to get the help you need. Call Wendt Law Firm today at 816-531-4415 for a free consultation. Our dedicated team is ready to discuss your case and help you secure the compensation you deserve.

Steps to Take After Being Injured

When you’ve suffered injuries on someone else’s property, the steps you take immediately following the incident can significantly impact your ability to recover compensation. It’s natural to feel overwhelmed, but remember, the actions you take now lay the groundwork for your personal injury claim.

  1. Seek Immediate Medical Attention
    Your health is paramount. Following a slip and fall accident or any other injury due to a dangerous condition, prioritize seeking medical attention. Not only does this ensure your well-being, but it also establishes a record of your injuries, which is a critical component of your premises liability claim. Delaying medical care can not only worsen your condition but may also weaken your legal case, as it could be argued that your injuries are not as severe as claimed.
  2. Document the Scene of the Accident
    In the age of smartphones, documenting the scene of your personal injury is more accessible than ever. Snap pictures or take a video to capture the exact conditions that led to your injuries. These images serve as undeniable evidence that speaks to the reality of the property owner’s negligence. If there are witnesses, their accounts can provide additional support for your personal injury lawsuit, so be sure to collect their contact information.
  3. Report the Incident to the Property Owner
    Once you’ve addressed your immediate medical needs and gathered evidence, it’s crucial to report the incident to the property owner or manager. This creates an official record of the event, which can be invaluable in establishing the property owner’s negligence. In the case of an assault or other criminal act, ensure that a police report is filed as well, as this can be a decisive piece of evidence in your claim.
  4. Preserve Evidence
    Preserving evidence is akin to safeguarding the truth of your experience. Here are some steps to follow:

    • Keep all physical evidence, such as the clothes and shoes you were wearing at the time of the accident, as they might carry clues about the incident.
    • Maintain a detailed record of all your medical bills, receipts, and any other expenses related to your injuries.
    • Take photographs of any visible injuries or property damage.
    • Gather any witness statements or contact information.
    • Keep a journal documenting your pain, suffering, and any limitations caused by the accident.
  5. This documentation will be instrumental when it comes time to recover damages.

Understand Your Rights Under Kansas City Premises Liability Law

In Kansas City, premises liability law mandates that property owners exercise reasonable care to protect visitors from harm. Reasonable care in this context means that property owners must take appropriate and proactive measures to ensure their property is safe for visitors.

This includes regularly inspecting the property for potential hazards, promptly addressing any dangerous conditions, and adequately warning visitors about any risks that cannot be immediately rectified. For instance, if there is a spill on the floor, the property owner should clean it up quickly and place warning signs around the area until it is safe. Similarly, if there are broken stairs or uneven walkways, the owner should repair them as soon as possible or provide clear warnings to prevent accidents. The concept of reasonable care also extends to maintaining adequate security measures to protect visitors from foreseeable criminal activities. Essentially, property owners must act as a prudent person would under similar circumstances to prevent injuries and ensure the safety of all who enter their premises.

Whether you’re an invitee, licensee, or even a trespasser, liability laws specify different levels of care that property owners owe you.

Establishing Negligence in Your Case

Establishing negligence is the cornerstone of your premises liability claim. To do so, you must demonstrate that the property owner had a duty to ensure your safety, breached that duty by allowing a dangerous condition to persist, and directly caused your injury as a result. Proving the property owner’s negligence, by showing that the owner knew or should have known about the hazard and failed to take corrective action, is key. Detailed evidence and a compelling legal strategy are your allies in proving negligence.

To establish negligence, consider a scenario where a grocery store owner fails to clean up a spill in one of the aisles. Despite being aware of the spill for several hours, no action is taken to either clean it up or put up warning signs. A customer then slips on the spill and sustains injuries. To prove negligence, you would need to demonstrate that the store owner had a duty to maintain a safe environment for shoppers, breached that duty by not addressing the spill, and that this breach directly caused the customer’s injuries. Evidence such as surveillance footage showing the spill and the lack of warning signs, witness statements, and medical records of the injuries would be crucial in building a strong case.

The Role of Comparative Fault in Kansas City

In Kansas City, even if you’re partly at fault for the incident, the law may still allow you to recover damages. This is due to Missouri’s pure comparative negligence system, which adjusts compensation based on your degree of fault. It’s a subtle part of the law that can significantly influence your personal injury lawsuit’s outcome.

For instance, imagine you were walking through a store while texting on your phone and failed to notice a spill on the floor. Despite the store owner’s negligence in not cleaning up the spill or placing warning signs, your distraction contributed to the accident. Under the pure comparative negligence system, your compensation would be reduced by the percentage of fault attributed to you. If you were found to be 30% at fault, you could still recover 70% of the total damages awarded.

Types of Damages Recoverable in Premises Liability Claims

The impact of an injury goes beyond the immediate pain; it can ripple through every aspect of your life. In premises liability claims, including personal injury claims, you’re entitled to seek compensation for both economic and non-economic damages.

  • Economic Damages:
    • Medical expenses
    • Lost wages
    • Costs associated with adapting your home post-injury
    • Rehabilitation and therapy costs
    • Property damage
  • Non-Economic Damages:
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Loss of companionship or consortium
    • Permanent disability or disfigurement

How Wendt Law Firm Can Assist You

At Wendt Law Firm, our commitment is to you. As a leading personal injury law firm, we stand ready to:

  • Apply our exceptional trial skills and in-depth knowledge of personal injury law
  • Secure the compensation you deserve
  • Provide a personalized approach that ensures your unique situation is met with the attention and experience it demands.

Our premises liability lawyers at Wendt Law Firm can provide the legal insight and support necessary to build a strong case. Proving property owner negligence, negotiating with insurance companies, and, if necessary, fighting for your rights in court are complex tasks best handled by seasoned professionals.

Contact Us

If you’ve been injured and believe a property owner’s negligence is to blame, don’t hesitate to reach out for a free consultation. Our legal team is prepared to discuss your situation, evaluate your case, and guide you on the path to justice.

Call us at 816-531-4415 for a free initial consultation and let’s begin the journey to recovery together.

Frequently Asked Questions

What should I do if the property owner denies responsibility for my injury?

If the property owner denies responsibility for your injury, it’s important to gather as much evidence as possible to support your claim. This includes photographs of the scene, witness statements, and medical records. Consulting with a premises liability attorney can help you build a strong case to counter the property owner’s denial.

How long do I have to file a premises liability claim in Kansas City, Missouri?

In Kansas City, Missouri, the statute of limitations for filing a premises liability claim is generally five years from the date of the injury. It’s important to act promptly, as waiting too long can jeopardize your ability to seek compensation. An attorney can help ensure that all necessary paperwork is filed within the required timeframe.

Can I still file a claim if I am partially at fault for my injury?

Yes, under Missouri’s pure comparative negligence system, you can still file a claim even if you were partially at fault for your injury. Your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, you can still recover 80% of the total damages.

What types of evidence are most effective in proving a premises liability case?

Effective evidence in a premises liability case includes photographs of the hazard that caused your injury, medical records detailing your injuries, and witness statements. Surveillance footage, if available, can also be a powerful piece of evidence. Keeping detailed records of your medical expenses and any other costs associated with your injury can further strengthen your case.

What are my options if the insurance company offers a low settlement?

If the insurance company offers a low settlement, you have the option to negotiate for a higher amount. It’s often beneficial to have an attorney handle these negotiations to ensure you receive a fair settlement. If a satisfactory agreement cannot be reached, you may need to take your case to court to seek the compensation you deserve.