Did you sustain injuries on someone else’s property because they failed to maintain their premises? Victims of these incidents are often unsure about their rights and options, but you have rights, and an Olathe personal injury lawyer can help you understand them.
Premises liability cases can bring up a lot of questions regarding the responsibilities of property owners and the safety standards they are expected to uphold. At Foster Wallace Personal Injury Lawyers, we can provide you with the answers you’re looking for and more.
We’re here to represent you as your premises liability lawyer in Olathe. With more than 45 years of combined experience, our attorneys recognize that it’s your injury, but it’s our fight. You can count on us to advocate for you.
Legal Framework of Premises Liability in Kansas
Kansas law imposes a duty of care on property owners to ensure that their premises are reasonably safe for all visitors. This duty varies depending on the classification of the visitor, which is a very important part of the process of determining liability.
Classification of Visitors
Kansas law recognizes three primary classifications of visitors:
- Invitees: These are people who are invited onto the property for business purposes, like customers or clients. Property owners owe invitees the highest duty of care, and they are required to inspect the premises regularly and remedy any known hazards.
- Licensees: These include social guests or people who are permitted to enter the property for personal reasons. Property owners must warn licensees of known dangers that are not otherwise obvious.
- Trespassers: These are individuals who enter the property without permission. Property owners owe trespassers a limited duty. They are primarily required to refrain from willfully or wantonly injuring them, but that’s as far as their responsibility goes.
Contact our Kansas city personal injury lawyers now.
Common Types of Premises Liability Accidents in Olathe
There are many different types of premises liability incidents that can occur in the local area:
- Slip and fall incidents: These are often caused by wet floors, uneven surfaces, or poor lighting, all of which can lead to serious injuries.
- Trip and fall accidents: These typically result from obstacles or debris that are left in walkways, posing a tripping hazard.
- Inadequate security: Insufficient lighting or a lack of security measures in parking lots and building entrances can heighten the risk of assaults or thefts.
- Dog bites: These generally take place when property owners fail to control aggressive pets, and when they attack, they can cause serious injuries.
- Swimming pool accidents: These pertain to drownings or other injuries sustained as a result of poorly maintained pools, including a lack of proper fencing and signage.
- Elevator and escalator incidents: Malfunctions or lack of maintenance can cause serious injuries.
Kansas Comparative Fault Rule
Kansas follows a modified comparative fault rule. Under Kansas’s modified comparative fault rule, a plaintiff can recover damages only if their share of fault is less than 50%. If the plaintiff’s fault is 50% or greater, they are barred from the ability to pursue recovery altogether.
This rule emphasizes the importance of establishing the property owner’s negligence and minimizing any contributory negligence by the injured party. You can trust your Olathe premises liability lawyers to take care of this matter on your behalf.
Statute of Limitations for Premises Liability Claims
In Kansas, the statute of limitations for filing a premises liability claim is two years from the date of the injury. Failing to file within this timeframe may result in the loss of the right to seek compensation entirely.
As a result, it’s very important to initiate the claims process as soon as possible. The sooner you reach out to Olathe premises liability lawyers, the sooner your attorneys can start looking into the details of your circumstances and building a case on your behalf.
Damages in Premises Liability Cases
Individuals injured due to premises liability incidents might be entitled to various forms of compensation:
- Medical expenses like hospital bills, surgical procedures, and rehabilitative support
- Lost wages for time missed from work due to the injury.
- Pain and suffering for the physical pain and emotional distress caused by the injuries
- Property damaged during the incident
- Loss of consortium for the impact of the injury on relationships with family members
The amount of compensation that you can receive will depend on the severity of the injury, the degree of negligence involved, and the impact on the individual’s life.
Reach Out To Our Olathe Premises Liability Law Firm ASAP
If you’ve been injured on someone else’s property, the aftermath can be confusing and stressful. Premises liability cases involve specific rules about property owners and the level of responsibility that they owe to people who set foot on their land.
However, as complicated as the legalities of these cases can be, you don’t have to figure it out by yourself when you contact the Olathe premises liability lawyers at Foster Wallace. Our Olathe premises liability attorneys have a strong track record of representing victims like you.
We will help you understand your legal rights as we pursue fair compensation on your behalf. You can count on us to assist you every step of the way. Contact us today to discuss the details of your case. The sooner you take action, the better we can protect your interests.
