After an accident on someone else’s property, a public place (such as a library or other governmental building) or a business, such as a grocery store or a restaurant, you may have heard the term “premises liability.” This field of law covers this type of accident and injuries sustained through no fault of your own on another’s property.These types of accidents can cause anything from minor injuries such as bruises and scrapes to more serious injuries like broken bones, dislocated joints and brain injuries. Some of these injuries can be disabling, affecting you long-term.
Types Of Accidents
Accidents at private homes or in condo/apartment complexes are also considered premises liability, since a hazard or danger to visitors wasn’t dealt with in a timely fashion. They include:
- Slip and falls, including snow and ice
- Defective conditions and/or insufficient maintenance of the property
- Insufficient building security that leads to assault and/or injury
- Accidents involving elevators and escalators
- Dog bites and other animal-related incidents (i.e., jumping on a person, knocking them down and causing injuries)
- Parking lots, stairwells and other walkways with inadequate lighting
- Water leaking and flooding
- Toxic chemicals and/or fumes
- Amusement park accidents
- Swimming pool accidents
This list is not inclusive, and nearly any kind of dangerous condition that went uncorrected and caused injuries may fall under premises liability.
The Negligence Factor
The key to a Kansas City premises liability case comes down to establishing and proving negligence on the part of:
- The property/business owner (including homeowners)
- The property/business manager (including property managers for multi-family properties)
- Employees of a property or business who were negligent
These individuals have a responsibility to keep a property or place safe for people who visit the property.If one of these individuals knew, or should have known, about the hazard that was the cause of your injuries, and failed to correct it, they may be negligent and liable under premises liability.
Proving Negligence Caused Your Injuries
The existence of a hazardous condition caused by negligence does not mean it was the cause of your injuries. This includes the involvement of a dangerous product that caused harm. You will be required to show that your injuries were a direct result of the hazard or danger that someone failed to correct. That’s why finding a premises liability attorney soon after your accident can be a big help in resolving your case.Any possible defendant will offer objections to your claim either during a settlement or in a court proceeding. The basis of most defenses will describe the situation as if you were responsible for your own injuries in some way.Since most places have CCTV and keep records of surveillance videos, they can be used to show that you were careless about where you were walking, avoided warning signs and cones, or went into an area where you should not have been, such as one that says, “employees only.”Additionally, if you were trespassing on private property and uninvited, you may not be able to collect damages in Missouri. Invitees and licensees have permission visit the property, and are owed a bigger duty of care.
Kansas City Premises Liability Cases
If you’ve been hurt in a slip and fall or other accident 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.