Kansas Personal Injury Attorneys Specializing in Premises Liability Cases
If you’ve been injured on a property or premises due to the negligence of the owner, then you may be a victim of Premises Liability. In Kansas, the law requires owners to maintain their property in such a way as to prevent injury to visitors of all kinds. When owners are negligent in this task, then they can be held accountable for injuries suffered on their property. The property can be a home, a piece of land, construction site, retail business, grocery store, mechanics garage, theater, restaurant, apartment, hotel room, or even a public place. The laws surrounding premises liability are very particular and complex. When filing a premises liability claim, it is best to have the experience and expertise of personal injury attorneys specializing in premises liability.
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According to premises liability law, a person “possesses” land or premises when:
- The person is in occupation of the land with intent to control it
- The person has been in occupation of the land with intent to control it, if no other person has subsequently occupied it with intent to control it
- The person is entitled to immediate occupation of the land, if no other person is in possession as just defined
Once this has been established, it must be determined if the person who was injured on the property was one of the following:
- Invitee (someone who is invited to enter or remain on the premises for business or commercial reasons) – The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees.
- Licensee (someone who is invited to enter or remain on the premises for personal reasons. For example, a guest in your home) – There are several conditions that determine whether a possessor is liable for the physical harm caused to a licensee, but they typically are.
- Trespasser (someone who was not invited to enter or remain on the premises) – The possessor has no duty to warn of danger to any unknown trespassers. If the possessor knows of a trespasser, they should exercise ordinary care towards the trespasser, but may still not be liable for any injuries.
Depending on where you were injured, who was responsible, and what type of “visitor” you were in the situation, a case can be filed against the negligent parties. It doesn’t matter whether you are an invited guest, a customer or even a trespasser in some cases. You still may be eligible for a Premises Liability claim based on specific policies that are implemented to prevent hazards, trips, falls or other injuries occurring on a property.
A few examples of acts and omissions that can lead to responsibility in damages for injuries include:
- Failing to inspect property to identify hazards or dangers
- Failing to correct defects on the property that could cause injury
- Failing to repair or replace unsafe fixtures – handrails, steps, lights, shelves, etc
- Failing to post signs to warn of dangers that may not be obvious, or in the line of vision
- Failing to keep aisles in stores clear of trip hazards or debris
- Failing to secure displays or items stored overhead
- Failing to clean up spills, broken glass or harmful chemicals
- Failing to properly light the property – walkways, stairways, parking lots, etc
- Failing to place and inspect smoke alarms in rental property
There may be circumstances where the responsibility for keeping the property safe doesn’t fall entirely on the property owner. Others may have been hired by the owner to manage the property, or the property may be leased to someone else who assumes responsibility. The defect on the property that causes injury may have been installed or maintained by someone other than the owner or occupant of the property.
At Prochaska, Howell & Prochaska LLC, we have extensive expertise in handling cases involving Premises Liability injuries. We want to make sure the liable party is held responsible and accountable for your injury. If you or a loved one has been injured on a premises, please call the experienced Kansas personal injury attorneys at Prochaska, Howell & Prochaska LLC at 800-266-0036 for your free consultation!