Kansas City Premises Liability Lawyer

Premise Liability
Top Rated Kansas City Premises Liability Lawyer

When someone visits someone else’s property, they expect to be safe. However, if they suffer injuries while on the property as a result of the property being in a dangerous condition, they can potentially sue the property owner for damages. Such a case is known as a premises liability claim. 

Injury Results from a Property Owner’s Negligence

Every year many Missouri residents suffer injuries as a result of property owners and occupants failing to address a dangerous condition on their property. Usually, the condition may seem to pose no threat of harming anyone until someone trips, slips and fall, sustain a back injuries, or broken bones. Another example may be a customer in a store getting hit by an object that came falling from the counter. When such cases happen, a Kansas City Premises Liability lawyer may help you file a claim for compensation for medical expenses, lost wages, pain, and suffering, and any other damage you may suffer.

Top Rated Kansas City Premises Liability Lawyer
Circumstances Surrounding a Premises Liability Case

The Missouri common law derives from that of England, and as per the Missouri Supreme Court. England judges classified people entering someone’s property as invitees, licensees, and trespassers. In Missouri, any person entering another person’s property is a trespasser until the owner grants him or her permission to enter the property. After they enter with permission, they become licensees until the owner shows them that he or she has an interest in their visit. As such, the licensee now becomes an invitee and believes that the owner has made conditions on the property safe to host them.

No Duty of Care Owed to Trespasser

There is no duty of care that the owner owes a trespasser. However, to a licensee, the owner owes them a duty of care against dangers that the owner knows. Similarly, to an invitee, the owner owes them care against dangers that the owner may know and those that the owner may become aware of if he or she inspects the property. Missouri classifies a social guest as a licensee.

Frequently Asked Questions

Below are a few of your concerns for a Premise Liability case.

The first thing would be to immediately get medical treatment. A medical report is an essential document in these cases. In cases where you feel the injuries are minor, still, get a medical doctor to attend to you. Some injuries may not show symptoms instantly. To file a stronger claim, you may need the names and contact addresses of anyone who witnessed. You also need to take photographs on where the incident happened or be sure to have someone else do it for you if you are still receiving medical treatment. After treatment, you may need to contact the services of a Kansas City Premises Liability lawyer for legal representation.

Missouri law provides that the party that assumes responsibility in a premises liability case is the one who had possession or control of the property at the time of the accident. This means that the process of determining the liable party is not as simple as looking at who is the property’s owner. Establishing who was in possession or control of the premises is key. When a landlord leases a property to a tenant and stops being in control of the premises, the landlord may not be liable in case of an injury on the premises. Determining the liable party may require a proper understanding, and you may need to hire the services of a Kansas City Premises Liability lawyer.

In some cases, you may find it easy to establish what constitutes a dangerous condition. Such things may include a slippery floor, a cracked sidewalk, or a dimly lit stairway. However, the party in possession of the property may not be able to foresee impending danger. They may be liable for the actions of a third party. For you to successfully hold the person accountable that you deem responsible, you must show sufficient proof of a history of violent conduct by third parties on the property.  That may likely increase chances of making the condition qualify as a foreseeable danger.

If you got injured as a result of the negligence of the possessor of the property, you may file claims for compensation for medical expenses, lost wages, pain and suffering, and any other future expense you may suffer. Such may include an inability to work due to incapacitation.

Like most personal injury cases in Missouri, you have to file a lawsuit within five years from the day the accident happened. There are some unique scenarios though, like where the discovery of your injuries took a long time. In such cases, the time within which you can file a lawsuit will be extended. If you employ the service of a Kansas City personal injury lawyer, we will be able to identify instances where you need action. Our office will also advise you on all the possible damages for which to claim compensation.

There is no law in Missouri that you must have a lawyer in order to pursue your premises liability claims. You can file the claim on your own. Where the injuries are minor, it is advisable to solve the case without an attorney. However, do not rush to settle the case on your own until you are sure that the injuries are minor and you have completely healed. Some injuries may take a long time to detect. Where the injuries were serious, you may need to seek the services of a Kansas City Premises Liability attorney. Most of the time, the responsible person will either deny responsibility or not fully evaluate your damages. Since you will be seeking compensation from an insurance company, it is advisable to have an attorney. Insurance companies will always seek to use the least amount possible to settle claims.

If your safety is at risk from other persons while you are on someone’s business premises, if the acts of the other person are foreseeable, the business owner has a duty to protect you. Before you can receive any compensation, you need to prove that there were reasonable grounds for the business owner to anticipate the violent deeds of the other person, and how the actions endangered your safety.

Generally, the cases involve criminal activities of third parties, and the result may be severe injuries or even death. To win such cases, the plaintiff has to prove that the business owner could predict the likelihood of criminal behavior from the third party. It may involve proving that there were similar activities in the past. In case the plaintiff proves that violent misconduct could be avoided by an increase in security, you may file a negligent security claim. With the help of a negligent security lawyer, you will hold the business owner liable so that they can compensate you.

When attending a party at your friend’s place, you are a social guest. Under Missouri laws, you are treated as a licensee. The host, therefore, owes you a duty of care against the dangers that heƒ she can see. The homeowner should tell you of the danger or correct the dangerous conditions that might affect the guests. Depending on how your accident happened, you may recover some compensation for damages from your host.

You may need to file a claim against your college if you get attacked while on campus. Security is classified as part of premises liability, and you may need to hire a Kansas City Premises Liability lawyer. The college should have security equipment well in place. If you get hurt because the college failed to put in place adequate security, you can claim for damages. Security cases reported on campus may include sexual assault and rape, robbery, assault and battery, and many others. The college should be in a position to protect anyone on campus against such issues.

It is a tactic many property owners use once they learn you suffered injuries while on their premises. The claim you place is always for the insurance to compensate you, and insurance companies have tactics to cut costs. They may place their argument so tactically that the judges may be convinced that you were at fault when you sustained injuries. Because your injuries may have resulted from some other factors, you need the services of an experienced Kansas City Premises Liability lawyer to investigate the case. The attorney will compile a detailed report outlining why you should get compensation because of the owner’s negligence.

An accident on another person’s property may at times leave someone with severe injuries or even cause death. The owner is often at fault during such accidents. You should always seek the services of a Kansas City Premises Liability lawyer to file a claim for damages.

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