Overland Park Premises Liability Attorneys, Johnson County, KS
Legal advocacy when you suffer harm on dangerous property in Kansas
Property owners have a legal obligation to maintain a safe and hazard-free environment for anyone who visits their property. When a visitor is injured from unsafe conditions on another person’s property, that person may file a premises liability claim against the property owner. Property owners who fail to provide a safe environment for visitors open themselves up to liability for the visitor’s injuries.
At Kansas City Accident Injury Attorneys, our Overland Park premises liability attorneys have been helping clients in Kansas and Missouri for over 30 years. We are skilled at determining how these accidents happen, how they could have been avoided, and who is responsible. When property owners fail to take steps to protect your safety, we demand compensation for all of your medical expenses, lost income, your pain and suffering, and any scarring or disfigurement you’ve experienced as a result of your injuries.
What are some examples of premises liability claims?
Dangerous property and hazardous premises can happen just about anywhere. Some common examples of premises liability claims include:
- Slip and falls. These types of accidents can happen in any type of establishment. A person who slips, falls, and suffers injury because of a hazardous condition can file a claim against a negligent property owner.
- Swimming pools. Pool owners can be held liable when people drown or experience other injuries from lack of supervision or defective equipment.
- Dog bites. Dog owners may be held liable if their animal bites or attacks a person on their property.
- Negligent security. Part of providing a safe and hazard-free environment for visitors includes maintaining a particular level of security and protection from preventable crimes. When property owners fail to uphold reasonable security procedures, visitors who become victims of crime on the premises can hold them liable for failing to provide adequate security.
- Construction site accidents. There are many opportunities where visitors can suffer injury at a worksite. Tools dropped from heights, faulty wiring, or scaffolding collapse can all cause catastrophic injuries. When these types of incidents happen, visitors can hold the construction sites accountable.
What kinds of injuries happen from Overland Park premises liability accidents?
Premises liability accidents can result in serious or catastrophic injuries. Slip and fall accidents, for example, can cause serious injuries like traumatic brain injuries, broken bones, soft tissue injuries, and spinal cord injuries. Swimming pool accidents can cause traumatic injuries such as drowning and slip and fall incidents, especially for children. Dog bites can produce serious injuries such as broken bones, puncture wounds, rabies, head and neck scarring, and nerve damage. Negligent security can result in crimes like battery, robbery, and sexual assault.
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What is duty of care in premises liability claims?
Two of the most common types of property owners are business owners and homeowners. Each owes a specific duty of care to visitors and guests who enter their property. Business owners, for example, are held to higher standards when providing a reasonably safe environment for their patrons and other visitors of their establishment. Business owners must consistently ensure that their property is safe and free from any potentially dangerous hazards.
Homeowners, on the other hand, have different levels of liability depending on the status of the visitor. For example, a person who unlawfully enters another person’s home – a trespasser – is not entitled to a reasonable duty of care from the homeowner.
The level of responsibility that a property owner owes to a visitor depends on the status of the visitor. Visitors can be classified into three types:
- Invitees. These types of visitors are people that enter a property for a financial reason or who enter a property that is open to the general public. Property owners have a legal obligation to invitees to provide a reasonably safe environment.
- Licensees. These types of visitors are people who have permission to enter a property and do so for a specific purpose, like a contractor. Property owners have a legal obligation to warn licensees of any potential dangers on the premises, specifically dangers that the property owner should be reasonably aware of.
- Trespassers. These types of visitors are not allowed on the premises. Property owners do not owe these types of visitors any legal obligation, with the exception of those with intent of purposely harming the trespasser.
Some states still use the status approach when determining the property owner’s liability in a premises liability claim. However, some states are abandoning the status approach and requiring property owners to use a “reasonable care” standard for all types of visitors.
What is the ordinary negligence approach?
The ordinary negligence approach is the “reasonable care” standard that some states, including Kansas, are beginning to use when assessing how negligent a property owner acted in a premises liability case. Under this reasonable care standard, the property owner has a general duty to warn visitors, regardless of their status, of any potential dangers on the property that are not known to the visitor and would not have been obvious to the visitor. With respect to trespassers, the duty owed is to “refrain from willfully, wantonly or recklessly injuring the trespasser.
How do I prove my Overland Park premises liability case?
A successful premises liability claim must demonstrate four elements:
- That the defendant owns or leases the property.
- That the property owner failed to exercise a reasonable standard of care in maintaining safety on the premises.
- That the victim sustained injury due to a safety hazard on the property or premises.
- That the defendant’s negligence played an integral role in the victim’s harm. In other words, the property owner's actions, or lack of actions, contributed to the victim’s injuries.
How can an Overland Park premises liability attorney help?
At Kansas City Accident Injury Attorneys, our Overland Park personal injury lawyers work diligently to show property owners knew, or should have known, their property was unsafe. We employ investigators to examine where the accident happened and locate witnesses. We question the property owners about prior incidents, their maintenance schedules, and other relevant matters. Finally, we fight to hold them liable for your medical expenses, pain and suffering, and lost wages that their negligent actions cost you and your family.
Is there a premises liability attorney near me?
Kansas City Accident Injury Attorneys has offices in Overland Park at located at 11900 College Blvd, next to Central Bank. Please contact us first to make an appointment. We also maintain additional offices throughout Kansas and Missouri.
Talk to experienced Overland Park premises liability lawyers today
Choosing the right personal injury lawyer is a crucial step in asserting your right to compensation. Rest assured that when you hire Kansas City Accident Injury Attorneys, you receive personalized attention to your case. Find out why our seasoned trial lawyers have earned the respect of former clients, insurance adjusters, and defense lawyers. To schedule a free initial consultation, call us at 816-290-7621 or fill out our contact form.
Overland Park Office
11900 College Blvd, Suite 301
Overland Park, KS 66210