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 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. A KC injury lawyer can help you figure out the next steps.
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.