Q What Makes a Successful Premises Liability Claim?
If you slip and fall on someone's property or injure yourself due to their negligence, the consequences can be devastating. In situations like this, you can often receive compensation by filing a premises liability claim.
Typically, you have to prove at least one of the following to have a strong liability case:
- The property owner or occupier was responsible for the unsafe condition and the subsequent accident, such as a slip and fall accident due to a spill that wasn't cleaned up;
- The property owner or occupier was aware of the unsafe condition of the property and didn't try to correct it, such as by not cleaning up a spill on the floor after noticing it or fixing a broken fence;
- The property owner knew or should have known about a dangerous condition and a reasonable person would have found the problem that caused the injury and taken steps to correct the condition. This can occur when an owner fails to regularly inspect the property for dangerous conditions or fails to enact policies, procedures, and protocols that minimize or eliminate hazards or dangerous conditions.
In Missouri and Kansas, most property owners carry liability insurance to cover injuries due to the owners’ negligence.
The possibility of compensation often depends on what your status was on the property. Owners may be held liable to varying degrees depending on whether you were invited onto the property for commercial or business purposes, were a licensee, were invited onto the premises for non-business related purposes, or were a trespasser.
It's important to contact a premises liability attorney immediately if you think you have a case, as such claims are time sensitive. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.