A premises liability case can encompass any number of incidents, but some of the most common include slips and falls, defective conditions, inadequate maintenance of the premises or items on the premises, dog bites, fires, inadequate security features, elevator accidents, flooding, toxic fumes, exposure to chemicals, and swimming pool accidents. Because there are so many possible circumstances and factors involved in each premises liability case, it is necessary for the plaintiff to have an experienced Kansas City premises liability lawyer who understands how to effectively tackle each of the necessary elements.
Elements of a Kansas City Premises Liability Case
In most situations, these premises liability cases are based on types of negligence and require the victim to prove the following elements:
- The plaintiff must prove that the defendant owned, leased, occupied, or controlled the property at the time of the incident.
- The plaintiff must prove the defendant was negligent in how he or she used, maintained, or operated the property.
- The plaintiff must prove that he or she was harmed as a result of using or accessing the property.
- The plaintiff must prove that the defendant’s negligence was a major contributing factor to the harm sustained.
Duty of Care
In most situations, the property owner has a duty to properly care for and maintain any property in his ownership. However, depending on the classification of the visitor, the amount of responsibility may vary.
For invitees, people with expressed or implied permission to enter, the landowner typically has a duty of reasonable care to provide safe premises. For licensees, or people with permission to enter for their own purposes (salespeople), the landowner typically must provide a warning of dangerous conditions. For trespassers, or people with no authorization to enter, the landowner traditionally owes no duty – unless the trespasser is a child.
Potential Premises Liability Injuries and Damages
Depending on the extent of your injuries or the circumstances surrounding the premises liability claim, you may be able to seek various types of damages. These may include any or all of the following forms of compensation:
- Pain and suffering
- Medical bills
- Future medical expenses
- Future income
- Loss of enjoyment
- Emotional trauma
- Funeral expenses (if you're filing on behalf of someone who passed away from their injuries)
Here are a few examples of some of the types of injuries that are commonly sustained in premises liability cases:
- Brain injuries
- Burn injuries
- Spinal cord injuries
- Broken bones
The number of damages you receive will depend on numerous facts, including how soon you sought medical care, any related diagnoses, and your recovery process. If you or a loved one sustained an injury due to a property owner’s negligence, contact the Kansas City personal injury attorneys at Fowler Pickert Eisenmenger Norfleet.