What to Expect in a Slip and Fall Settlement Without Surgery?
If you were injured in a slip and fall accident but did not need surgery, you can still...
Read More
Have You Been Injured on Someone Else’s Property?
Slip and fall accidents, unsafe stairways, or poorly maintained properties can turn an ordinary day into a painful ordeal. You might find yourself facing steep medical bills, lost wages, and the uncertainty of what comes next. That’s where the attorneys at Foster Wallace come in.
At Foster Wallace Personal Injury Lawyers, our Kansas City premises liability lawyers have 45 years of combined experience to every case. That’s why we’re here to fight for justice and ensure your family’s well-being is protected. Your Injury. Our Fight. Let our lawyers fight for you to receive the maximum compensation in your case.
Request Your Free Consultation!
Why Call a Premises Liability Lawyer?
Property owners have a legal duty to maintain safe premises, but when negligence occurs, you have the right to hold them accountable. When a property owner is to blame for your serious injuries, it is vital that you talk to a slip and fall lawyer about your rights as soon as possible. These are difficult cases to win, and they require an experienced Kansas City premises liability lawyer to gather the evidence you will need to support your claim of negligence.
Accidents caused by dangerous property conditions can leave you with overwhelming medical bills, lost wages, and emotional distress. Handling the legal system on your own can be confusing and intimidating, especially when property owners and their insurance companies are quick to deny injury claims.
Awards & Accreditations
Our Track Record
Read Our Case Results
Foster Wallace Personal Injury Lawyers fights for clients who have been wronged or injured, and we have the track record to prove it. Explore our case results to learn how our dedicated personal injury lawyers can advocate for your rights and work to obtain maximum compensation.
$ 2.3
Million
Motorcycle Accident
$2,300,000 settlement for man injured in a motorcycle accident
$ 1.9
Million
Car Accident
$1,900,000 Settlement for Johnson County Car Accident.
$ 1.5
Million
Pedestrian Accident
$1,500,000 Settlement for Pedestrian Accident in Mission, Kansas
$ 250,000
Car Accident
$250,000 settlement for Cass County, Missouri wreck
Determining if You Qualify for Compensation
Our slip and fall lawyers in Kansas City will carefully analyze the facts surrounding your accident to determine if you have a valid premises liability claim. We’ll examine whether:
A Duty of Care Was Owed to You
Property owners have a legal obligation to keep their premises safe for lawful visitors. For example, grocery stores must clean up spills promptly, and parking garages must have adequate lighting to prevent accidents.
The Property Owner Failed to Uphold That Duty
If a property owner knew—or should have known—about a hazard and failed to fix it or provide proper warnings, they may be negligent. Examples include ignoring broken staircases, failing to clear snow and ice, or neglecting to secure attractive hazards like swimming pools.
Their Negligence Directly Caused Your Accident
We must connect the property owner’s failure to maintain safe conditions with the injuries you sustained. For example, if you slipped and fell on a wet floor in a retail store that wasn’t marked with warning signs, the store owner may be liable.
Your Injuries Resulted in Financial Losses
To recover compensation, we’ll show how your injuries led to tangible losses, such as medical bills, lost wages, and pain and suffering. Whether you’re dealing with severe injuries like broken bones or ongoing emotional trauma, we’ll ensure your damages are fully accounted for.
Determining if You Qualify for Compensation
Our slip and fall lawyers in Kansas City will carefully analyze the facts surrounding your accident to determine if you have a valid premises liability claim. We’ll examine whether:
Property owners have a legal obligation to keep their premises safe for lawful visitors. For example, grocery stores must clean up spills promptly, and parking garages must have adequate lighting to prevent accidents.
If a property owner knew—or should have known—about a hazard and failed to fix it or provide proper warnings, they may be negligent. Examples include ignoring broken staircases, failing to clear snow and ice, or neglecting to secure attractive hazards like swimming pools.
We must connect the property owner’s failure to maintain safe conditions with the injuries you sustained. For example, if you slipped and fell on a wet floor in a retail store that wasn’t marked with warning signs, the store owner may be liable.
To recover compensation, we’ll show how your injuries led to tangible losses, such as medical bills, lost wages, and pain and suffering. Whether you’re dealing with severe injuries like broken bones or ongoing emotional trauma, we’ll ensure your damages are fully accounted for.
Kansas & Missouri Premises Liability Claims
Liability stems from the fact that property owners owe guests and visitors a duty of care. One of the initial questions your lawyer will want to determine is what kind of duty of care was owed to the potential plaintiff. The duty of care a defendant owes depends on your status while you were on the land of another. For instance, were you trespassing on the land? Were you invited onto the land by the owner? Were you a licensee?
Most of the time, someone is an invitee onto the land of another. You would be an invitee if you entered with consent and to the benefit of the owner of the premises. For example, you would be an invitee if you went to a grocery store to make a purchase. Invitees are often called business visitors. A licensee is one who enters with the consent of the owner or occupier but for the licensee’s own purposes.
To establish liability for injuries suffered, an invitee must show:
- A dangerous condition existed on the premises such that the premises were not reasonably safe;
- The possessor of the premises knew, or, through the use of ordinary care, should have known of the condition;
- The possessor failed to use ordinary care to remove, remedy, or warn of the danger; and
- As a result, the plaintiff was injured.
Request a FREE Consultation
The burden of proving all of the elements of a premises liability claim falls on the injured party, who should not attempt to file a claim without the help of an experienced Kansas City premises liability lawyers. The sooner you have someone gathering evidence of negligence, the more likely it is that your case will succeed.
Who Can File a Premise Liability Claim?
By statute, a possessor of real property generally owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. There are exceptions to this rule, however.
For instance, an owner may still be liable if they knew that trespassers continually came on the limited area of the land where the trespasser was harmed, the harm resulted from a dangerous artificial condition on the land, and the owner created the artificial condition that caused the harm. The owner must have known it was likely to occur, that the trespasser would not likely discover it, and failed to exercise reasonable care to warn trespassers of the condition. An invitee or licensee can become a trespasser by exceeding the scope of the invitation or license.
Another exception involves children. Children cannot be considered trespassers when there is an “attractive nuisance” on the property. If a child enters a property uninvited because there is a swimming pool, trampoline, mounds of dirt, construction equipment, or anything else that might be appealing to a child, the owner can be held liable if the child is injured or killed on the property. It is a property owner’s duty to do everything they can to keep children from being able to access the attractive nuisance, such as installing fencing and alarms or removing the nuisance completely.
Missouri has a statute of limitations for premises liability claims. This means you typically have five years from the date of the accident to file your claim. Failing to act within this timeframe can result in losing your right to recover damages.An experienced Kansas City lawyer can evaluate the exceptions that may apply in your premises liability case.
Common Types of Premises Liability Cases
Conditions such as missing pavement, inadequate maintenance, cracked or uneven sidewalks, and poorly maintained landscapes can all create hazardous situations. In addition to hazards leading to falls, premises liability claims may also include:
Slip and Fall Accidents
Wet floors in grocery stores, icy sidewalks, loose rugs, or spills in parking garages can cause devastating injuries if not promptly addressed. These are among the most common premises liability claims. A Kansas City premises liability lawyer can help determine who is liable for your slip and fall accident.
Inadequate Security
Poor lighting, broken locks, or a lack of security measures in areas like parking garages or retail stores can lead to theft, assaults, or other crimes that harm visitors.
Defective Conditions
This can include fire hazards, exposed wiring, water leaks, flooding, toxic substances, and unsafe attractions. Additionally, broken staircases or collapsing structures create unsafe environments, putting visitors at risk of severe injuries.
Dog Bites
Unrestrained or aggressive animals can attack unsuspecting visitors or passersby, causing physical and emotional harm.
Attractive Hazards
These are features, such as swimming pools or abandoned equipment, that may entice children. Property owners must take extra precautions to secure these areas to prevent accidents.
Testimonials From 5-star Experiences!
What Our Clients Say
At Foster Wallace, our clients' voices speak to the heart of what we do. Discover their stories and see the impact we've made in their lives—and how we can do the same for you.
Where Do Premises Liability Accidents Happen?
Premises liability accidents can occur anywhere property owners or managers fail to uphold their responsibility to maintain safe conditions.
From public spaces to private homes, when safety standards are neglected, the risk of injury increases significantly. Here’s a closer look at some common locations where these accidents happen:
Grocery Stores
Grocery stores are a frequent site for slip and fall accidents caused by spilled liquids, leaking freezers, or poorly maintained aisles.
Wet floors without warning signs, loose floor mats, or cluttered walkways can lead to serious injuries for unsuspecting customers. Store managers and employees are required to regularly inspect and address hazards to prevent accidents.
Retail Stores
Shopping venues, such as malls and retail stores, present numerous risks to customers. Uneven flooring, damaged tiles, cluttered walkways, or merchandise falling from improperly stacked shelves can all result in injuries.
Retailers must ensure their premises are safe for visitors by addressing hazards promptly and implementing proper safety measures.
Private Homes
Even private residences can become the setting for premises liability accidents. Homeowners have a duty to maintain a safe environment for lawful visitors, such as guests or contractors. Common hazards include broken staircases, loose railings, icy driveways, or hidden dangers like exposed wires.
Additionally, dog bites caused by unrestrained or aggressive pets can also lead to premises liability claims.
Public Spaces
Parks, recreation areas, playgrounds, and other public spaces must be maintained to ensure safety for all visitors. Uneven sidewalks, unmarked hazards, or poorly maintained equipment can cause accidents, especially for children or elderly visitors.
Local governments or property managers are responsible for inspecting and addressing dangerous conditions in these areas.
Restaurants and Cafés
In dining establishments, hazards such as spilled drinks, greasy floors, or unstable furniture can cause injuries. Outdoor patios and walkways must also be properly maintained to ensure the safety of patrons.
Hotels and Resorts
Visitors rely on hotels and resorts to provide safe accommodations. Wet floors in lobbies, poorly maintained elevators, broken staircases, or unsecured swimming pools can lead to serious accidents. Property owners and operators have a heightened responsibility to protect guests from foreseeable harm.
Apartment Complexes
Landlords and property managers are responsible for maintaining common areas like hallways, staircases, and parking lots. Icy walkways, poor lighting, or broken entry gates can lead to injuries for tenants and visitors, making these locations a common source of premises liability claims.
Construction Sites
Construction sites pose unique risks to workers and visitors. Property owners and contractors must ensure the site is properly secured and that hazards like loose debris, open trenches, or unsecured equipment don’t harm bystanders or workers.
Amusement Parks or Entertainment Venues
Poorly maintained rides, slippery walkways, or inadequate crowd control can lead to accidents at amusement parks, concert venues, or sports stadiums. These locations must adhere to strict safety standards to prevent injuries.
Types of Evidence Needed to Win a Claim
In order to win a premises liability claim, the plaintiff will have to provide evidence that proves each of the elements explained above. In other words, you will have to prove that a hazard existed, the owner knew or should have known about it, the owner did nothing to remedy the problem, and you suffered injuries as a result. Helpful evidence could include:
- Photos and videos. If the store or restaurant had security cameras installed, the video footage could provide the best evidence—especially if the cameras captured the accident and documented employees ignoring the hazard. Cell phone photos taken immediately after the accident could also be helpful.
- Eyewitness statements. If others saw your accident, your lawyer will want to locate them to get their statements about what happened. Perhaps someone else in the store also slipped or tripped in the same place or even reported the hazard to management before your accident.
- Interviews with employees. Employees could be the best source of evidence to prove that the owner or manager knew or should have known about the hazard and failed to remove it. They could also comment on the policies and procedures related to custodial and maintenance issues.
- Medical records. It is important that you see a doctor right away after an injury on someone else’s property. This will help connect your injuries to the accident and will also document the extent of your injuries as evidence for damages.
- Inspection records. Schedules of employee inspections and external safety inspections can be checked for problems and inconsistencies. This can provide evidence of company negligence.
Contact Kansas City Slip and Fall Lawyers Michael Foster and Brian Wallace
Our experienced team of premises liability lawyers will thoroughly investigate the incident that left you injured in Kansas City and help you get the compensation you deserve. Whether you were injured in a slip or trip and fall, assaulted in a dark parking lot, hurt in a preventable fire, or harmed by toxic fumes, we can help you hold the property owner liable. If a loved one lost their life due to a property owner’s negligence, we will help you file a wrongful death claim.
What Types of Injuries Are Common in Premises Liability Accidents?
Premises liability accidents can result in a wide range of injuries, from minor bruises to life-altering trauma. When property owners neglect their duty to maintain safe environments, visitors are exposed to hazards that can have severe physical, emotional, and financial consequences.
Here are the most common injuries our Kansas City premises liability lawyers claim:
These include sprains, strains, and torn ligaments, particularly in the knees, ankles, or shoulders.
Falls, collapsing structures, or unsafe conditions can cause serious damage to the spine, leading to herniated discs, paralysis in extreme cases, or chronic back pain caused by long-term damage to muscles, discs, or nerves. These injuries can require extensive medical treatment and may permanently affect mobility or quality of life.
Unsafe premises can lead to falls, falling objects, or even physical assaults that result in concussions, traumatic brain injuries (TBI) that can cause memory loss, cognitive difficulties, and long-term disability, or skull fractures that often necessitate emergency medical attention and prolonged recovery.
Premises with defective wiring, exposed electrical components, or unsafe kitchen areas can lead to thermal burns caused by hot surfaces, boiling liquids, or open flames; electrical burns that are often severe and require specialized treatment; or chemical burns from exposure to hazardous cleaning products or improperly stored chemicals.
In retail or warehouse settings, improperly stacked merchandise or equipment can fall and injure visitors. Such injuries include fractures to the skull or shoulders, neck and back injuries, or facial trauma like broken noses, teeth, or jawbones.
Property owners who fail to restrain dangerous animals may be held liable for injuries such as puncture wounds from bites, infections like rabies or serious bacterial infections, scarring and disfigurement from severe bites, and emotional trauma, as dog attacks can leave victims, especially children, with lasting fear and anxiety.
Poorly maintained buildings, decks, or staircases can collapse, leading to broken bones, head and neck injuries, or crush injuries resulting in internal organ damage or severe fractures.
Premises liability accidents can also result in emotional distress, including anxiety, depression, post-traumatic stress disorder (PTSD), or a reduced quality of life. These injuries can have long-lasting effects on a victim’s mental health and overall well-being.
Unsecured swimming pools or poorly maintained aquatic facilities can result in near-drowning incidents that lead to brain damage from lack of oxygen, slip and fall injuries on wet or slippery surfaces near the pool area, or head or neck trauma from diving into shallow or improperly marked water.
What Types of Compensation Can I Pursue in a Premises Liability Claim?
If you’ve been injured on someone else’s property due to unsafe conditions, you may be entitled to compensation under Missouri law. Premises liability claims can help you recover financial and emotional losses caused by the accident.
By seeking legal representation from an experienced law firm, you can ensure your rights are protected and increase your chances of receiving the compensation you deserve.
Here’s what you need to know about damages in a personal injury case:
Medical Expenses
Your health should always come first. If you’ve sought medical attention for your injuries, you may recover both current and future medical costs, such as:
- Hospital stays
- Surgeries
- Physical therapy
- Prescription medications
- Ongoing rehabilitation
Proper documentation of your medical care is essential to prove these damages.
Lost Wages and Reduced Earning Capacity
If your injuries prevent you from working, you can seek compensation for lost income. In cases of severe injuries that limit your ability to work in the future, you may also recover damages for diminished earning capacity.
Pain and Suffering Damages
Injuries often go beyond physical harm. Premises liability claims in Missouri allow you to pursue compensation for:
- Physical pain caused by the accident
- Chronic discomfort or long-term suffering
These damages are harder to quantify but are just as important to address.
Emotional Distress
Accidents can leave a lasting emotional impact. Compensation for emotional distress may include damages for anxiety, depression, post-traumatic stress disorder (PTSD), or a reduced quality of life.
Property Damage
If personal belongings (e.g., a phone, clothing, or other valuables) were damaged during the accident, you may recover the cost to repair or replace them.
Other Economic and Non-Economic Damages
Additional forms of compensation may include:
- Costs for in-home care or assistance
- Modifications to your home for accessibility
- Loss of companionship or enjoyment of life
Related Resource
Foster Wallace
Can I Recover for Injuries Sustained from a Slip-and-Fall on a Cruise Ship?
Cruise Ships Can Pose a High-Risk for Slips, Falls, Accidents and Injuries When you think of taking a...
Read More
Can I Sue for a Hospital Slip and Fall in Kansas City?
Our Kansas City Slip and Fall Lawyers at Foster Wallace Explain How Premises Liability Works in Injury Cases...
Read More
Does a Wet Floor Sign Prevent Me from Pursuing a Slip and Fall Claim?
Proving Liability in a Slip and Fall Case In slip and fall or other premises liability cases, in...
Read More
Foster Wallace
How Does a Slip and Fall Case Work?
A slip and fall case is a type of personal injury case that can happen just about anywhere—in...
Read More
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents occur every day. Anybody can become a victim of a slip and fall accident,...
Read More
What Can I Recover After I Fell on Someone Else’s Property?
Most people do not consider the dangers and costs associated with slip and fall cases until they slip and...
Read More
How a Premises Liability Lawyer Can Help
The legal process can feel overwhelming, but you don’t have to go through it alone. Here’s what our team will do to secure the best outcome for your case:
- Conduct a Thorough Investigation: our lawyers will gather critical evidence such as photos of the hazard, witness statements, maintenance records, and surveillance footage to build a strong case.
- Handle All Communications: Dealing with insurance adjusters can be stressful and frustrating. We’ll negotiate on your behalf, ensuring you’re not pressured into accepting a lowball settlement.
- Prove Fault and Negligence: Our slip and fall lawyers are skilled at demonstrating how a property owner’s negligence directly caused your injuries. We understand the complexities of premises liability law and will use our knowledge to hold the responsible parties accountable.
- Pursue Maximum Compensation: From medical expenses and lost wages to pain and suffering damages, we’ll fight to recover every dollar you’re entitled to. Our goal is to ensure your financial needs are fully met so you can focus on healing.
