Know Your Rights If You Are Injured On Someone Else’s Property
When we enter a business or rent a space for a party, we expect that these premises will be relatively safe for us, or at least that any hazards or dangers will be pointed out explicitly to us, as with a “wet floor” sign after a floor has been recently mopped warning people to tread with care. However, sometimes business owners or other people in possession of a premises fail in their duty to provide such warnings, and may even be willfully negligent in addressing hazards that they are fully aware of but do not wish to “bother with” for whatever reason. When someone is injured due to this negligence, the premises’ possessor can be held liable for those injuries in the court of law.
Negligence And Liability With Regard To Premises
Negligence is defined as an action (or failure to act) that results in damages that could have been prevented, including damages to persons or property. If someone has acted in a negligent way and injury or other damage occurs as a result of this negligence, that person can then be held liable – or responsible – for the resulting damages.
Examples Of Premises Liability Issues
Premises liability laws are in place to protect people from harm, and many businesses retain premises liability insurance in case some act of negligence should cause a person to file a claim against them. Some examples of viable premises liability claims include:
- Slip-and-fall accident due to wet floor in a restaurant
- Door threshold damage in a hotel room causing someone to trip and get hurt
- Old building with exposed hazardous materials causing injury or illness to patrons
- Damaged floor tiles at a day care causing a child to fall and become injured
How An Attorney Can Make A Difference
A skilled premises liability attorney can review the details of your case along with applicable laws and use their analyses to build your claim. They can help to assess damages resulting from negligence, which serves to place a dollar amount on the pain and suffering, property damage, or other damages that resulted from said negligence. The value of damages serves to help determine the amount of financial compensation you could be entitled to as someone whose person or property was damaged because of a premises liability issue. Your lawyer will fight to get you the maximum award possible under the law so you can get justice for the wrongdoing that led to your losses or suffering.
We Can Help You File A Premises Liability Claim In Court
If you need a premises liability lawyer in Kansas City, the attorney at Mayer & Associates, P.C., is here to help. Our law firm can help you file a lawsuit in court in order to attempt to recover damages in the form of a cash award. If you were injured because of someone else’s negligence, they can be held responsible for your pain and suffering in court. Let us put our 40-plus years of premises liability litigation experience to work for you. We do not charge any fees until your case has been resolved, and we offer free consultations.
Premises liability is a major area of law protecting people injured or killed on the property owned, managed, or rented by other individuals, businesses or entities. Under Missouri premises liability law, property owners, occupiers, renters, managers, and business operators have a duty to protect the safety of their visitors, guests and customers. That obligation makes the property owner responsible for visitors’ injuries caused by their failure to maintain the property in good condition and eliminate unreasonable and hidden hazards.
When the negligence on the part of a property owner, manager, occupier, landowner, renter or another party causes injury to a visitor or customer, the injured victim has the right to pursue a premises liability claim, and our Kansas City premises liability accident attorney from Mayer & Associates, P.C., can help you with that.
How Can A Kansas City Premises Liability Accident Lawyer Help?
What does our premises liability accident attorney in Kansas City do to help? It’s quite simple. We investigate each case to compile all available evidence that may be used to win compensation. That evidence comprises:
- A copy of the police report, if there was one
- Witness statements from those who saw what happened or who had previous experience with the dangerous condition that caused your injury
- CCTV camera footage showing your premises liability accident
- Photographs from the scene of the accident
- Medical records proving the extent of your injury caused by the accident
- Building codes to prove a violation committed by the property owners
- Reports of similar accidents on that property
- Records of property maintenance
That is only a short list of many possible pieces of evidence that might be available in your case to seek compensation for your injuries and damages. Let our Kansas City premises liability accident attorney help you collect all available and necessary pieces of evidence in your particular case.
Was Your Injury Caused By The Property Owner’s Negligence?
When it comes to determining negligence in a premises liability case, whether or not the property owner’s negligence or recklessness caused or contributed to your injury on his or her property is not the only factor that affects your case and will be considered by your Kansas City premises liability accident lawyer.
Factors such as whether the property owner owed you a duty of care and whether the injury was preventable are among dozens of other factors that will be considered in your premises liability case.
The following are the most critical factors that will be taken into account when determining liability and the value of your premises liability claim:
- Did the property owner know or should have known about the dangerous condition?
- Does the property owner owe you a duty of care?
- What was your visitor status at the time of the injury?
- Did the same or similar premises liability accident occur on that property in the past?
- Was the dangerous condition that caused the accident foreseeable or preventable?
- Is there only one party (property owner, manager, renter, etc.) to blame for the accident?
- How much is your premises liability claim worth?
Are You Eligible For Premises Liability Compensation?
Your eligibility to seek compensation for your damages and losses after a premises liability accident in Kansas City or elsewhere in Missouri depends on many factors, but the following four elements will have to be established by your Kansas City premises liability accident attorney in order to prove your eligibility:
- Duty of care: The property owner owed you and other individuals who enter the property a duty of reasonable and ordinary care.
- Breach of duty: The owner’s negligence, recklessness or carelessness breached that duty.
- Causation: The breach of duty was a direct or indirect cause of your injury.
- Damages: You suffered economic and noneconomic damages and losses as a result of that injury.
Speak to our lawyer at Mayer & Associates, P.C., to determine your eligibility and get a full legal review of your case. Call 816-692-2877 or use our online contact form to schedule your free initial case consultation.
Se habla español.