Premises liability refers to the set of laws that make property owners legally responsible for any accidents and injuries that occur on their property due to unsafe conditions. This area of law covers a wide variety of accidents, including but not limited to slip and fall accidents, dog bites, inadequate security, and structural defects. Understanding your rights under premises liability laws is crucial if you've been injured on someone else's property.
At Goodwin Johnston LLC, our Kansas City premises liability attorneys have a strong track record of helping victims achieve justice and obtain fair compensation. We understand that injuries from unsafe property conditions can have lasting impacts on your life, from physical pain to financial strain.
When you choose Goodwin Johnston LLC, you are partnering with a firm that is committed to providing compassionate and diligent representation. Our team will thoroughly investigate your case, gather necessary evidence, and build a robust legal argument to hold negligent property owners accountable.
Contact us today to schedule an initial consultation so we can discuss your options for maximizing your compensation. We're based in Kansas City, Missouri, and proudly serve clients throughout the states of Kansas and Missouri.
Understanding Different Types of Premises Liability Cases
Slip-and-fall cases are among the most common types of premises liability lawsuits. They occur when someone slips, trips, or falls on hazardous surfaces like wet floors, uneven tiles, or icy walkways. Property owners are required to maintain their property and warn visitors of any potential hazards.
Dog bite cases involve injuries sustained from a dog attack while on someone else's property. Pet owners have a duty to control their animals and can be held liable for any injuries their pets cause.
Negligent security cases arise when a property owner fails to provide adequate security measures, such as proper lighting, security cameras, or personnel. This type of negligence can lead to crimes like assault or robbery, putting visitors at great risk.
Structural defects cases pertain to basic but essential property maintenance. Faulty staircases, broken handrails, and deteriorating buildings can result in severe injuries or deaths if not properly managed and repaired.
How Long Do You Have to File a Claim?
The statute of limitations refers to the time frame within which you must file a legal claim to seek compensation for injuries sustained due to unsafe conditions on someone's property. In Kansas, the statute of limitations for premises liability claims is two years. This means you have two years from the date of the incident to file a lawsuit against the property owner or responsible party. If you fail to file within this period, you may lose your right to seek compensation.
In Missouri, the statute of limitations for premises liability claims is five years from the date of the accident. This longer time frame allows victims more time to gather evidence, seek medical treatment, and consider their legal options. However, it's still important to never delay, as waiting too long can make it more challenging to collect important evidence and witness testimonies, which are crucial for building a strong case.
Understanding these deadlines is essential because missing the statute of limitations can bar you from pursuing justice and receiving the compensation you deserve. If you’ve been injured on someone else's property, consult with a knowledgeable premises liability attorney as soon as possible to ensure your claim is filed within the appropriate time frame.
Goodwin Johnston LLC is located in Kansas City, Missouri, and our personal injury lawyers represent accident victims throughout Missouri—including St. Joseph, Springfield, Columbia, and St. Louis—and Kansas, including Lawrence, Manhattan, Wichita, and Topeka.
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Potential Recoverable Damages
Victims of premises liability accidents may be entitled to several types of damages, which are intended to compensate them for their losses and help them recover from their ordeal.
Economic damages include tangible losses such as medical expenses, lost wages, and rehabilitation costs. These damages cover the cost of doctor visits, surgeries, physical therapy, prescription medications, and any other medical treatment necessary due to the injury. Lost wages account for any income lost during recovery, as well as future earnings if the victim is unable to return to work.
Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are intended to address the profound impact an accident can have on a person's quality of life and overall well-being.
In some cases, punitive damages may also be awarded if the property owner's conduct was exceptionally negligent or malicious. These damages are designed to punish the wrongdoer and deter similar behavior in the future.
Comparative Fault in Premises Liability Cases
In some incidents, the victim may share some of the responsibility for their own injuries. This is where the concept of comparative fault comes into play. Both Kansas and Missouri follow the comparative fault rule, but they apply it differently. In Kansas, a modified comparative fault rule is used, barring recovery if the victim is found to be 50% or more at fault. If the victim is less than 50% at fault, their compensation will be reduced by their percentage of fault. For instance, if a victim is found to be 20% at fault, they can still recover 80% of the total damages awarded.
Missouri, on the other hand, follows a pure comparative fault rule, allowing victims to recover damages even if they share a higher degree of fault for the accident. Under this rule, the compensation is reduced by the percentage of the victim's fault, regardless of how high it is. For example, if a victim is found to be 70% at fault, they can still recover 30% of the total damages.
Understanding how comparative fault impacts your claim is crucial for premises liability cases. An experienced attorney can help assess the circumstances of the accident, gather necessary evidence, and determine the best strategy to maximize your compensation while navigating the complexities of fault and liability.
Kansas City Premises Liability Lawyers
If you or a loved one has been injured due to unsafe conditions on someone else's property, do not hesitate to contact Goodwin Johnston LLC. Our experienced premises liability attorneys are dedicated to fighting for your rights and helping you secure the compensation you deserve. Reach out to us today for a consultation to discuss your case and learn how we can assist you in seeking justice.