Premises Liability Attorneys in Olathe, KS
Representing injured victims in premises liability case in Kansas
Upon entering a property that is not your own, you are owed a duty of care by the property owner. This is true at a restaurant, an office, and even someone else’s home. While you do not expect to be injured on another person's property, it can happen. If the owner did not maintain a safe and secure environment, they can be held liable for their actions and negligence. If there was an unsafe condition on the property and there was an inadequate warning, the property owner can also be held responsible for an injury.
After you have been injured on another person’s property you will need to seek medical attention, then you will need to contact Kansas City Accident Injury Attorneys to discuss your case. Our Olathe premises liability attorneys have worked diligently over the years to hold negligent property owners responsible for hazards on their property. We will build a case to show that your injuries were directly caused by the property owner’s negligence. Our track record speaks for itself as we have helped clients win their cases and can do the same for you.
What is premises liability?
When people think of premises liability, they usually think of slips and falls that happen at grocery stores. Slips and falls do account for thousands of injured victims each year. This is a prime example of premises liability, but it is not the only one. There are several ways that you can be injured on someone else's property.
When you visit a property with a pool, whether it’s privately owned or located at a hotel, the premises should be safe in order to prevent accidents like drowning, falls, and drain entrapment. There should be appropriate signage posted around the area as well about diving, and all public pools should have lifeguards on duty.
Escalators and elevators
You often see escalators in the malls and rarely think twice about them but in fact, they are actually one of the most common places that premise liability accidents occur. Another seemingly overlooked area is elevators. The U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission has collected data that shows elevators and escalators were the primary culprits in 30 deaths and 17,000 injured victims across the country. Elevators in particular accounted for 90% of those deaths and 60% of injuries.
Operators and property owners must keep both escalators and elevators maintained and free of dangers. Routine inspections must be performed, and elevators and escalators must pass these inspections. If they do not, they must be placed out of order until they can pass an inspection. Elevators can malfunction if the cables are stretched, and the elevator can end up falling.
While many people think that all dogs are friendly and cuddly, they also have sharp teeth that can cause serious damage. For those who fear dogs, there is a very rational and real fear that any dog can be dangerous no matter how friendly they may seem. Regardless of if you love dogs or you do not, you can be attacked by a dog when you enter another person’s property. These cases are often complex, but if you are an invited guest and a dog attacks you then the owner of the dog can be held liable for your injuries. You will need to prove liability in one of the following ways:
- Dog owners must be in control of their dogs, and they owe you a duty of reasonable care to do so. This can consist of keeping the dog on a leash.
- Once a duty of care has been established it must be proven that the dog owner acted negligently. This could be not ensuring the dog stayed on its leash and became loose.
- It must be shown that the dog owner’s negligence harmed the visitor in some way.
Parks and entertainment venues
When you visit a place like TimberRidge Adventure Center, Lake Olathe Park, or Main Event Entertainment, you go there to have fun and create memories. The last thing you expect is to be injured while there. Since you and your family are legally allowed to be on the premises – after all, you bought a ticket to get in – this establishes the duty of care between you and the property owners.
The owners of amusement parks, water parks, and entertainment venues will need to ensure that the entire property is safe for all guests. This means ensuring that rides are safe to use, spills are cleaned up and there are no loose cables strewn about. There are other requirements they must meet which can be discussed with an Olathe premises liability attorney.
Most often, children are the ones injured at these places. Adults can also be injured, and the property owners can be held liable. It is important that safety precautions and rules are followed. If they are not, then the park may not be held liable. You must be following all signage and instructions, or you could be barred from recovering damages
Do I have a case?
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How are visitors classified in Kansas?
Depending on the kind of visitor that you are, the rights you have may vary. In Kansas, the classifications are as follows:
- Licensees: This type of visitor is one who is invited for reasons not related to business.
- Invitees: This visitor type is people who have been invited onto the property such as customers and patients.
- Trespassers: Any person who does not have permission to be on your property is considered a trespasser.
A trespasser may not be able to obtain compensation for an injury sustained on another person’s property. There may be exceptions for children under the “attractive nuisance” doctrine, however, which is why it will be best to contact an Olathe premises liability attorney.
Who can be held liable for injuries on properties in Olathe?
When it comes to premises liability, determining who the responsible party is can be complex. Property owners can be held liable for their negligent actions in one of two ways. This can either be through ownership or maintenance:
- Ownership liability means that the owner of the property may be held liable whether they knew about the dangerous situations.
- Maintenance liability refers to the property owner's duty to maintain the property. When they become aware of a dangerous situation, they need to immediately address the hazard either by fixing it or ensuring visitors are aware of it and do not injure themselves. If maintenance is not done, then the property owner can be held liable for injuries.
How much is my Olathe premises liability claim worth?
Every personal injury client we help has their own story, which means every case – and its worth – is different. At Kansas City Accident Injury Attorneys, we seek damages for victims in Kansas for the following damages:
- Any medical expenses related to the accident
- Lost income
- Pain and suffering
- Permanent scarring or disfigurement
- Loss of consortium
Do you have a premises liability lawyer near me?
Our Olathe office is located at 110 South Cherry Street, Suite 102. Call for an appointment. We also have other offices throughout Kansas and Missouri.
Contact an Olathe premises liability attorney for help today
Being injured on someone else’s property can be shocking and confusing. Many times, victims begin to blame themselves and do not seek any legal advice. Whenever you are injured, you need to speak with an Olathe premises liability attorney to discuss your options.
At Kansas City Accident Injury Attorneys, we know how difficult it can be after an accident. We also know what precautions property owners need to take in order to keep you safe. Call our office at 816-290-7621, or fill out our contact form to schedule a consultation today.
110 S Cherry St Suite 103,
Olathe, KS 66061