Premises liability is an important legal concept that falls within personal injury law. Particularly, premises liability arises when and where the injury was caused in someone else’s property due to defective and unsafe condition of his/her property. Negligence on the part of the owner should be an obvious cause of the accident within the premises.

Premises liability cases can happen at any property where people work, shop, visit or gather in general. These properties or areas may include:

  • Malls, supermarkets, and different kinds of retail stores

  • Restaurants, bars, and other dining places

  • Sport and concert venues

  • Office and government buildings

  • Hospitals, clinics, and other medical facilities

  • Construction sites

  • Condominium and apartment complexes

  • Other venues, facilities, and public areas

These properties operate precisely for the benefit of the general public. This being so, property owners' responsibility is to ensure that each visitor is safe from any risk arising from unsafe or defective conditions at their property. If an injury arises, and it is proven that the cause of the injury is the negligence of the property owner in not ensuring that his or her property is free from any dangers and hazards, then the owner may be held liable in a premises liability case.

Elements of Premises Liability

In pursuing a premises liability case in Kansas City, there are certain things that a victim must prove to succeed in his or her case. Just like any other personal injury cases, or any other type of case for that matter, some requisites must be present. Of course, this is also to protect the defendant's right, who, in premises liability cases, is most likely the property owner.

If you are an injured party looking to make a premises liability claims, here is your checklist of premises liability elements:

  • Defendant’s duty of care: In claiming against a person in a premises liability case, they must be shown to have a responsibility or duty of care. Usually, this duty of care would exist for the property owner, manager, administrator, or even the establishment's employees.

  • Defendant’s failure to exercise his duty of care: This element also refers to the defendant's negligence. This is an indispensable element in a premises liability case. If the circumstances show that the defendant did exercise his duty of care, he cannot be held liable despite the injury. In other words, if it was not his negligence or inaction that led to the injury, there will be no claim.

  • Defendant’s negligence resulting in the injury: This last element pertains to the proximate cause of the injury, which essentially means that the damage of the injured party must be attributable to the wrongdoing of the defendant. If the injury were caused by something else, then, naturally, the premises liability case against the defendant will not succeed.

Apart from these premises liability elements, there are, of course, other things that come into play, such as the absence of negligence on the part of the injured party and evidence for actual expenses. These expenses include medical expenses, among others, and these pieces of evidence help determine the amount of compensation that the claiming party can recover.

Premises Liability Lawyer in Kansas City

If you are in Kansas City or any of its surrounding areas and get involved in a potential premises liability case, whether as an injured party or a property owner, you will need a professional and competent premises liability lawyer to further your case. Pospisil Swift is here to provide you with this competence and professionalism.

With years of experience in the field of premises liability and other personal injury claims and cases, Pospisil Swift is your best option to assist you and handle your case.

To start, contact us by giving us a call or by clicking the link below. You may also choose to fill out the form below this page to tell us more about your situation.

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