Property owners have a legal obligation to reasonably maintain their property. The concept of premises liability may come into play when someone incurs injury as the result of the unsafe or defective condition of someone else’s property. 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 injury. In other words, the property owner failed to exercise reasonable care with regard to their property. A KC personal injury lawyer will go over your unique situation and suggest the best legal option from there.
Here’s an important caveat: just because you incurred 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.
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 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:
Premises liability cases can quickly become complicated, but Wendt Law P.C. can help. For more information about our personal injury services, please contact us for a free initial consultation.