Every year, people in Kansas City are injured when a property owner fails to properly keep their premises safe or address a hazardous condition. Places open to the public, such as shopping malls, retail stores, airports, hotels, and other areas, can be particularly prone to this issue.
If a person is injured on another person’s property because of negligence or hazards, the owner can beheld liable under Missouri’s premises liability laws. These laws hold property owners responsible for injuries that occur on their property also known as the premises.
In a typical premises liability case, a plaintiff alleges they suffered an injury due to a hazardous condition or situation present on the defendant's property. The negligence of the property owner is called into fault.
One example is a restaurant where a customer is injured because of a broken chair or tripped over torn or damaged carpeting. Another example might be if a homeowner with an aggressive or rambunctious dog bites a visitor or delivery person.
In both cases, the property owner had a duty of care to take measures to prevent accidents from hazardous conditions or putting a person coming onto the property at risk of an injury. Both property owners failed to address and/or correct a dangerous condition that led to a person’s injuries.
Although the property owner can be held responsible, they may not be the only responsible party. One example is a shopping mall or strip mall owned by one company or individual and rented out to retail businesses. The person or business that occupies the property and has control might also be responsible instead, or along with, the owner. For example what if the renter of the storefront failed to clean up a wet spot in their store and someone slipped.
A premises liability claim will require investigation by a Kansas City personal injury attorney to determine the liability - meaning who is the responsible party or parties.
The Duty Of Care
Duty of Care means that a property owner owes a reasonable degree of care to those who visit the property, including property safety, regular maintenance, and repair. The level of that care depends on who the injured party is. For an licensee, meaning a person who enters into another person's property with the the property owner or manager's permission, the owner is responsible for their reasonable safety. A trespasser or burglar is not owed the same level of care.
Elements of Premises Liability Law
An injured plaintiff must prove four elements in a premises liability case:
1. That the danger existed
2. That the property owner was in possession and had control of the property and knew or should have known about the danger
3. The owner didn’t remedy the danger or post warnings
4. The plaintiff suffered injuries as a direct result of the danger
Premises Liability In Kansas City- Consult Popham Law
Injuries on someone else's property can lead to serious long-term and costly medical care and maybe even permanent disability. The personal injury lawyers at Popham law here in Kansas City Missouri have a tremendous amount of experience dealing with lawyers and insurance companies. If you have have been hurt while on another's property you may have a case to recover damages.
Premises liability cases are complicated, so consulting with Kansas City's leading personal injury lawyers is a good start. We recommend you talk with us first before making an insurance claim or even talking with an insurance representative. Unfortunately the insurance company does not have your best interests at heart.
If you suffered injuries on someone's property, including in the apartment complex you may be renting at, due to negligence, contact The Popham Law Firm. Call us at (816) 221-2288 today or use our contact form. We’ll schedule an appointment and talk with you about how we can help.