Owners and occupiers of residential and commercial property are responsible for maintaining a safe environment for their guests and customers and preventing hazards. That’s the main idea behind the legal concept called “premises liability.” When a property owner or occupier fails to do so, their visitors may suffer injuries.
An injury suffered on someone else’s property can interfere with many aspects of your life. It may take away your ability to work and provide for your family, while generating mountains of medical bills and leaving you feeling helpless and hopeless.
Hinrichs & Scott Injury Trial Lawyers know what you are going through and may be able to make your burdens easier to bear. Our premises liability attorneys in Kansas City, Missouri, can help you file a claim against the negligent parties and demand fair compensation for the damages and losses you suffered.
With a strong commitment to advocating for our clients, we have successfully obtained multi-million-dollar settlements and verdicts for people in both Missouri (Jackson County, Platte County, and Clay County) and Kansas (Johnson County and Wyandotte County).
Where Do Premises Liability Incidents Occur?
A premises liability case arises when someone gets hurt on property owned, occupied, or leased by another individual or entity. This kind of incident may occur indoors or outdoors and on any commercial or residential property, including:
Hospital
Apartment complex
Grocery store
Shopping center or mall
Restaurant, nightclub, or bar
Parking lot
Construction site
Sports stadium
Concert venue
Theater or cinema
A premises liability incident may also occur on properties owned and maintained by the government, including sidewalks, streets, government buildings, and public parks. One of the most common types of incidents that fall under the umbrella of premises liability are slip-and-fall accidents and negligent security incidents.
Regardless of how and where your injuries occur, you might need legal counsel to hold the property owner or occupier liable. Our Kansas City premises liability attorneys at Hinrichs & Scott Injury Trial Lawyers can analyze the facts of your case and determine whether you can make a valid claim under Missouri law.
The Advocacy You Deserve
Liable Parties When Filing a Premises Liability Claim
Contrary to popular belief, the owner of the property is not the only liable party in premises liability cases. Under the law, injured victims and families of those killed on someone else’s property can pursue a claim against any party that had control or possession of the property at the time of the incident. This could be the owner, occupier, lessee, or manager of the property, or even the renter/tenant.
Generally, any individual or entity responsible for the maintenance of a property can be held liable when they fail to exercise reasonable care in maintaining a safe environment on the property. Our Missouri premises liability lawyers can help you identify who is legally responsible for the property in your specific case to hold them liable for your injuries and losses.
Proving a Premises Liability Claim
To hold the owner or occupier of the property liable for your injury, you need to demonstrate the facts of your case by a preponderance of evidence. Specifically, this means proving these four elements:
The liable party (owner/occupier) owed you a duty of care based on your status on the property (invitee/licensee/trespasser);
The liable party breached the duty by either creating a dangerous condition or failing to address it in a timely manner;
The incident in which you suffered an injury is a direct result of the liable party’s negligence; and
You suffered damages due to your injuries.
If any of these elements are missing, your claim for compensation or lawsuit will generally be dismissed. Working with Missouri premises liability attorneys can greatly improve your chances of having a successful case as they will collect all available evidence to establish the four elements of your claim.
Proving liability is not the only challenge you may face when pursuing your claim for compensation after a premises liability incident. You also need to keep in mind that there is a limited amount of time to take legal action, known as the statute of limitations. Under Missouri Code § 516.120, you have five years from the time of injury to bring a personal injury lawsuit. There is a shorter limitation period for wrongful death lawsuits: only three years from the date of death.
How Can a Premises Liability Lawyer Help?
Whenever our client is injured on someone else’s property, our premises liability lawyers in Kansas City, Missouri, provide them with the following services:
Investigating the incident to secure and preserve all available evidence to build a persuasive case;
Working with accident reconstruction experts to establish liability;
Documenting the full extent of the damages and calculating how much their claim is worth;
Filing a claim with the insurance company;
Dealing with insurance adjusters and negotiating a settlement;
Preparing the client’s case for litigation if attempts to settle are not successful; and
Representing the client’s interests at trial to secure the most favorable outcome possible.
At Hinrichs & Scott Injury Trial Lawyers, we understand how daunting and overwhelming the legal system might seem, especially when trying to focus on your health and recovery. But you don’t have to face it all alone. Our attorneys can handle all the heavy legal lifting while you take all the time you need to feel better and move forward with your life.
Nothing breaks our hearts more than seeing people suffer due to the actions of others. That’s why we have an unwavering commitment to helping our clients get their lives back on track. If you want to resume your life as you once knew it, do not hesitate to contact us now and schedule a free consultation with our attorneys.
Premises Liability Attorneys in Kansas City, Missouri
If you’re ready to start your premises liability case, contact Hinrichs & Scott Injury Trial Lawyers. Our Kansas City premises liability lawyers can explain the legal options available in your case and help you move forward with filing your claim against the negligent property owner or occupier. Set up your free consultation today.