Property owners have a legal obligation to reasonably maintain their property. If someone fails to implement safety measures after warnings of a dangerous condition, and someone suffers as a result, then they can be held liable for damages. The most common type of premises liability claim is a slip and fall accident, but claims can also be made for incidents such as dog bites, fires, swimming pool accidents, chemical incidents, and inadequate security.
As with all personal injury cases, premises liability cases hinge on the theory of negligence. This means that the injured person must prove that a property owner was negligent in the upkeep of a property, and that gave rise to a defective condition that caused the injury. In other words, the property owner failed to exercise reasonable care with regard to their property. A Kansas City premises liability attorney will go over your unique situation and suggest the best legal option from there.
Here’s an important caveat: just because you incurred an injury on someone else’s property doesn’t mean they were negligent. Effectively litigating a premises liability case requires sufficient evidence that a property owner knew or should have known about a defective or dangerous condition, but did nothing to remedy the situation.
If you or someone you love has been injured due to an unsafe condition on someone else’s property, Wendt Law may be able to recover money for lost wages, medical treatment, emotional suffering, and more.
Our Role at Wendt Law
At Wendt Law, we understand how to navigate each element of your case and identify avenues for compensation. We will consult with experts in many fields to prove that the property owner was negligent. We will also obtain police records and follow up with witnesses so you have the space to focus on your recovery.
We also know how to deal with the insurance companies, ensuring fair and reasonable compensation. Insurance companies did not get to be as big as they are by paying out fair compensation, they will do what they can to devalue your claim, but with us on your side, we will ensure that you are not taken advantage of.
At Wendt Law, we have the skills, experience, and resources to give your case the dedication it deserves. Our free consultation comes with no strings attached, so at the very least, you should give us a call so you can make an informed decision on your next steps.
We work on a contingency basis, which means if your case is unsuccessful, you will not pay anything, meaning no risk to you.
So call us now at 816-542-6734 for a free consultation call.
Where Do Premises Liability Cases Take Place?
At Wendt Law, our premises liability attorneys represent clients who have been injured on residential public or commercial property in Kansas City. Common locations include:
Nightclubs or bars.
Supermarkets, shopping centers, or retail stores.
Schools and educational facilities.
Concert and entertainment venues
Types of Premises Liability Cases
Premises liability is a wide area of personal injury law. There are many types of premises liability cases, including:
Premises liability encompasses many scenarios. For this reason, these cases often benefit from the counsel of an attorney with specific experience in this branch of law.
Slip and Fall Cases
Slip and fall cases are arguably the most common form of premises liability, such that premises liability is also referred to as “slip and fall” liability. These cases can involve things like defective staircases, wet floors, ice and snow, broken or uneven sidewalks, or unsecured carpets and rugs. Using a slip and fall case as an example, we can see how a premises liability claim might play out in court. Say you slipped and fell on some ice in front of a public storefront. In order to successfully collect damages, you’ll have to provide sufficient evidence for the following:
A defective or unsafe condition existed. In this case, the presence of dangerous ice buildup would qualify as unsafe.
The property owner knew about the unsafe condition but failed to remedy it. This can be tricky to navigate. The shop owner might have known about the presence of snow and ice, but perhaps they were shoveling it periodically. In this case, local ordinances can provide helpful insight. A property owner generally has a set period of time to clear snow and ice after a storm. If this time period has passed, they may have committed negligence.
Their negligence directly led to your injury. This requires proof that you incurred an injury at the property and not some other location.
You incurred specific damages as a result. These might include medical bills, lost wages, and other associated costs.
Premises liability cases can quickly become complicated, but Wendt Law P.C. can help. For more information about our services, please contact our Kansas City personal injury lawyers for a free initial consultation by calling or reaching out online.
What Compensation Can I Seek In Premises Liability Claims?
Your Kansas City premises liability attorney will help you prove that your injuries were caused by the negligent actions of the property owner. This will allow you to claim damages for both your financial losses and your emotional suffering. Your attorney will also help you to evidence your damages so that you can maximize the amount you receive.
Medical Expenses – Compensation for medical expenses should include past, present, and future expenses. A medical expert can provide evidence as to future costs.
Lost Wages – Lost wage damages should include past and future wages and any lost earning potential if your injuries prevent you from continuing in the same type of work.
Pain and Suffering – Pain and suffering damages are designed to compensate you for your emotional suffering and loss of enjoyment in life. These can be difficult to quantify, but your attorney will know how to maximize your compensation.
Punitive Damages – Sometimes, punitive damages can be awarded in premises liability cases. These are designed to punish the perpetrator rather than compensate the victim. However, for these to be awarded, there must be clear evidence that the defendant displayed a conscious disregard for the safety of others.
Holding a Negligent Property Owner Accountable in Kansas City, MO
In Missouri, business owners are legally required to keep their premises safe for visitors. That means they should exercise reasonable care to identify and repair any potential dangers and warn visitors of any hazards.
Under premises liability law, visitors are classified into three categories:
Visitors to a property are classified in many ways under premises liability law:
Invitee – An invitee is someone visiting a property with some benefit to the business owner, such as a customer or tenant.
Licensee – A licensee visits someone’s property without a benefit to the business owner, such as social guests.
Trespasser – A trespasser visits a property without permission.
What Do I Need to Prove Premises Liability Cases in Kansas City?
In order for a premises liability case to be successful, it must be proven that:
The property owner owed you a duty of care.
There was a hazard on the property that the owner either knew about or should have known about.
They failed to warn or protect people from the hazard.
The distinction between invitees, licensees, and trespassers is important. Property owners owe the highest duty of care to invitees, who are on a property for their own purposes with permission. This could also include an apartment or home.
While business owners assume a duty of care to anyone who enters their property, the duty of care towards a trespasser is lower, and it is much more difficult for a trespasser to claim compensation.
Proving Property Owner Negligence
Proving that the owner knew about the danger or should have known can be difficult. Your personal injury lawyer will need to investigate how you were injured and whether the property owner knew or should have known about the hazard. Potential evidence includes:
How long the danger existed for.
Proof that the owner had been notified about the hazard.
Accident reports to the property.
Statements from witnesses.
Crime in the neighborhood, i.e. was the security adequate considering crime statistics?
Crime in the neighborhood and the type of business
Accident reports to the property owner or police
Statements from witnesses
Hold Property Owners Accountable in Kansas City With Wendt Law!
At Wendt Law, we offer a free consultation, so that anyone can be informed about their legal rights before agreeing to representation. We have years of navigating the complexities of premises liability law in Kansas City, and we will offer support and guidance from start to finish.
If you agree to representation, we will take away the stress of paperwork, dealing with insurance companies, and investigating your case. Premises liability cases are complex, but a Kansas City personal injury lawyer will help you hold the property owner accountable for their negligence and secure you the compensation you deserve.
Our award-winning liability attorneys have more than 1000 successful cases and over 50 years of combined experience to draw upon. We are proud to be spearheaded by Samuel Wendt, one of the Top 50 Super Lawyers in Kansas City.
Negligent property owners must be held accountable for their actions. Not only do you deserve compensation, but future visitors must also be kept safe from harm.
So call us now at 816-542-6734 for a free case evaluation.