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PREMISES LIABILITY
KANSAS CITY PREMISES LIABILITY ATTORNEY
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.
