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What Needs To Be Proven For A Premises Liability Claim To Succeed?
It does not matter if you are looking for compensation through insurance claims or through civil court; the legal concepts are the same both ways. For your claim to succeed on either venue, there must be evidence that supports the following examples:
- That there was a dangerous condition of the premises
- The individual responsible for maintaining for the premises should have known the dangerous condition existed
- The individual responsible for the premises did not use reasonable care to discover, prevent, or warn visitors of the danger
- Due to the failure to use reasonable care, you suffered an injury
Hazardous conditions must be weighed against whether the danger is open and obvious or not. Things such as rotten boards, slippery floors, loose rails, and ice could cause hazardous conditions. However, if the argument could be made that the hazard is open and obvious, the court may deny you compensation. For example, if you tripped on a sidewalk outside a building, there could be grounds to deny your claim because the danger was open and obvious.
If your negligence contributed to your injuries, you might be denied or offered reduced compensation. Individuals responsible for maintaining a space are required to keep hazards from harming guests, but that is not to say that a guest cannot hurt themselves while visiting the property. An example of this would be to stand on shelving units to reach a top-shelf product rather than ask an employee for assistance. The store would not be responsible if you fell off the shelf.
What Kinds Of Premises Liability Cases Does Preuss | Foster Law Handle?
Our Kansas City premises liability attorneys at Preuss | Foster Law have years of experience dealing with premises liability cases. We can assist you in getting the compensation you deserve in the following types of cases:
- Slip and Fall Accidents – Businesses and stores are responsible for keeping their stores clean and safe from things like spills and obstructions, or make sure people are clearly aware of any potential danger.
- Dog Bites and Animal Attacks – If you are attacked by an animal that belongs to the occupant or owner of a property, you might have reason to recover some compensation for your injuries.
- Child Care Negligence – Injuries to your children are one of the hardest things to deal with. If your child sustained an injury while they were at school or a daycare center, you might have cause for a premises liability case.
- Negligent Security and Dangerous Situations – A business is responsible for taking steps to ensure reasonable security to their customers and guests, such as having well-lit parking spaces, so that guests are safer at night.
- Defective Stairway Accidents – The individual responsible for maintaining a stairway is charged with ensuring that the staircase is safe for guests or to clearly warn visitors of any potential danger.
- Swimming Pool Accidents – A swimming pool must be properly maintained so that visitors and guests do not get injured, especially as children are frequent guests of swimming pools.
- Elevator and Escalator Accidents – Establishments that contain elevators and escalators are responsible for ensuring that they are properly maintained, so they do not injure any of their customers or guests.
- Snow and Ice Injuries – The caretakers of a building are responsible for ensuring that reasonable steps are taken to prevent falling ice and snow from injuring guests.
- Mold Exposure – A landlord is responsible for keeping serious mold growth from harming their tenants. If you have to deal with health issues due to the mold in your building, there might be cause for a premises liability case against the property owner.
- Workers Compensation and Premises Liability – Two different tracks can be taken when it comes to dangerous conditions in the workplace or places that you are visiting as a customer or contractor. Worker’s compensation or a premises liability case.
How Our Kansas City Premises Liability Lawyers Can Help
Our Kansas City premises liability lawyers at Preuss | Foster Law have the legal experience and dedication to help pursue damages for your case. You don’t need to worry about the costs of our excellent legal representation; you will only be charged a fee once you recover a fair settlement or a damages award from a court.
If you were injured while on someone else’s property and want compensation, call our Kansas City Injury Attorneys at Preuss | Foster Law today for your free consultation at (816) 307-2788