As a Kansas City trip and fall lawyer, I hear the phrase “premises liability” a lot in my practice. I noticed recently, however, that it’s not a phrase I hear outside of my practice in the real world. Real people in the real world rarely use the phrase and may not know what it entails. It’s basically legalese. As such, I thought I’d write this blog describing basically what premises liability is.
When Are Property Owners Legally Responsible for Injuries?
When you go into a store – or any place where you are invited and benefiting the property owner – the store owes you a duty to keep their property safe. If they don’t, and as a result, you get hurt, the property owner is liable for your injuries and must pay you money compensation for your damages. This is the basic meaning of premises liability. There are many offshoots and different types of premises liability, and each has its own set of rules and requirements.
Common Causes of Slip and Fall Accidents in Kansas City Stores
A common example of a premises liability case is a trip or slip and fall. Part of a store’s duty to keep their premises safe is removing, barricading, or warning about trip hazards. Trip hazard cases I have handled include a merchandise cart left in the aisle of a dollar store, a rug with the corner curled up, a hole in the median in a parking lot, and a sunken carpet tile in an entryway. In each of these cases my client, the customer of the store, tripped, fell, and got hurt.
What to Do After a Trip or Fall Injury on Someone Else’s Property
- Report the incident to the property owner or manager in person and writing.
- Request all surveillance footage be preserved.
- Request a copy of the incident report.
- If on public property, report the incident to the city you’re in.
- If you’re injured, seek medical care immediately. Do not delay treatment.
Read more on what to do if you’re injured on someone else’s property.
What Makes a Good Premises Liability Case
In my experience, the key to a good premises liability case is good evidence of notice. The more proof you have that the property owner knew or should have known about the dangerous condition that hurt you, the more unreasonable it is for them to ignore it. In my experience, this makes a jury mad and can increase the size of a verdict.
How a Kansas City Slip and Fall Attorney Can Help
Our slip and fall attorneys will dig in to uncover what happened and who is at fault. Was there something slipppery on the floor? Ice that should’ve been cleared? We know what’s expected of property owners and can help determine whether they followed the rules.
We have taken slip and trip cases to trial, and insurance companies know it. They often offer more money, earlier in the process.
Types of Compensation Available
Several types of compensation that may be available in personal injury cases. This includes lost wages (including future wages), pain, suffering, and other non-economic damages.
Choosing the Right Kansas City Personal Injury Lawyer
Choosing the right personal injury lawyer is a personal choice. You will work in collaboration with this person so you want to feel comfortable sharing your story and asking questions. You also need to trust that they will advocate on your behalf. If you’ve been hurt at a store or other property and want to know whether you have a case for money compensation, please don’t hesitate to contact MRH Law. We specialize in premises liability cases and can answer your questions free of charge.
More Resources
What’s the Difference Between a Slip & Fall vs. Trip & Fall?