Did you sustain injuries after getting hurt on someone else’s property? Known as premises liability, there are laws in place to hold property owners and occupiers alike accountable for accidents or injuries that take place on their property.
If you’re a victim of a situation like this, don’t hesitate to reach out to an Overland Park personal injury lawyer as soon as possible. At Foster Wallace, we are ready and willing to represent you as your Overland Park premises liability lawyer.
We believe that it’s Your Injury. Our Fight. We have more than 45 years of experience seeking justice on behalf of personal injury victims. In that time, we’ve recovered over $1 billion in compensation. Let us do the same for you.
Premises Liability Basics in Missouri
Premises liability refers to the legal responsibility property owners and occupiers have to ensure their property is safe for visitors. This includes maintaining the property, warning visitors about potential hazards, and taking preventive measures to minimize risks.
If a property owner fails to uphold this duty, they might be held liable for damages if a visitor is injured as a result of the property owner’s negligence. Furthermore, premises liability laws place victims of these cases into three main categories of visitors:
- Invitees
- Licensees
- Trespassers
Invitees
Invitees are individuals who enter a property for a purpose that benefits the property owner, such as customers in a store or people attending an event. Property owners owe the highest duty of care to invitees.
In other words, this means they must take reasonable steps to inspect and maintain the property to ensure it is free from hazards. If an invitee is injured due to unsafe conditions that the property owner either knew or should have known about, the owner might be held liable.
Licensees
Licensees are people who enter a property for their own benefit, such as guests at a social event or people attending a gathering. Property owners owe a moderate duty of care to those regarded as licensees.
They are only required to warn licensees of dangers they are aware of or should be aware of. In many cases, the property owner is not obligated to proactively inspect the property, though they must address any known risks that could cause harm.
Trespassers
Trespassers are individuals who step foot onto property without first receiving permission from the property owner. In general, property owners owe the lowest duty of care to trespassers, and they are often only required to refrain from intentionally causing them harm.
However, if the property owner is aware of the trespasser’s presence, they may be obligated to prevent certain dangers or hazards from happening. This is particularly true if the trespasser is a child.
The distinction between these categories can help your Overland Park premises liability attorney understand the property owner’s level of responsibility in your case. It can also help your lawyer determine the potential for a successful premises liability claim.
Common Causes of Premises Liability Injuries in Overland Park
Premises liability accidents can happen in a variety of settings, from residential homes to commercial properties. Let’s take a look at common examples of causes behind premises liability injuries.
Slip and Fall Accidents
Slip-and-fall accidents are a very common cause of premises liability injuries. These incidents can occur for several reasons, such as wet floors, uneven surfaces, or scattered debris.
For instance, let’s say a grocery store owner fails to clean up spilled liquids or leaves obstacles in aisles. In turn, customers are far more likely to slip and fall, resulting in injuries that could have been avoided.
Negligent Security
Premises liability law also covers injuries that occur due to a lack of adequate security. Property owners have a duty to ensure that their premises are secure, particularly in high-crime areas.
This involves providing proper lighting, securing entry points, and using surveillance systems when necessary. If a property owner fails to take reasonable security precautions, the owner may be found liable for acting negligently.
Inadequate Maintenance
Property owners are required to maintain their property by keeping conditions safe at all times. Inadequate maintenance can lead to various types of accidents, including dangerous falls, electrical hazards, and fire hazards.
Defective Products
Sometimes, injuries that victims sustain on someone else’s property stem from defective products. In cases like these, property owners might be found liable under premises liability law if they failed to inspect or maintain the product in question.
Construction Incidents
Premises liability claims can also arise from construction site incidents. For example, if a property is in the process of undergoing construction or renovations, the owner must make sure the site is secure.
In other words, they must ensure that any dangerous conditions are never left unchecked. If someone is injured due to unsafe conditions that the property owner should have taken precautionary measures about, the owner might be held responsible.
Dog Bites
Dog bites that take place on another party’s property can also fall under premises liability law. If a property owner is aware of their dog’s aggressive behavior or fails to take steps to prevent their dog from attacking visitors, they may be liable for the injuries their pet causes.
Contact our Kansas city personal injury lawyers now.
Missouri’s Statute of Limitations for Premises Liability Claims
In Missouri, the statute of limitations for filing a premises liability claim is typically five years from the date you were injured. This means that if you were hurt as a result of a property owner’s negligence, you must file your lawsuit within 60 months of the incident.
Otherwise, you could lose your right to pursue compensation altogether. However, some exceptions could affect the timeline that applies to your case. Make sure you meet with an Overland Park premises liability attorney for guidance in this regard.
Reach Out to Our Premises Liability Attorneys in Overland Park for More Information Today
Premises liability cases fall into a category of personal injury law that helps protect individuals who are injured on someone else’s property. If this sounds like a situation you have found yourself in, don’t hesitate to contact premises liability attorneys in Overland Park.
At Foster Wallace, we want to help victims like you pursue compensation after a property owner acted negligently and you sustained injuries as a result of their actions or lack of action. Call us today to learn more about what our lawyers can do for you.
