Premises Liability

Accidents happen all the time and in all different places, not just at home. When you suffer injuries due to unsafe conditions on someone else's property, whether a home or business, you may have a premises liability claim.

Premises liability law establishes the obligations property owners have to others. If you get hurt on someone else’s property and want to pursue a legal claim for damages, premises liability law will govern your case.

Kansas City Premises Liability Lawyers

Slip and fall accidents are one of the most common types of premises liability cases. Other types range from dog bites to swimming pool accidents to the failure of a landlord to provide adequate building security, and more.

Experienced Attorneys Help You Understand Your Options

Not sure if you have a case? Need more information? Contact us. Our legal team will conduct a free, no-obligation review of your situation.

Gaining timely representation in this type of accident is crucial in order to gather critical physical evidence. There is nothing stopping a property owner from clearing up what caused the accident, hindering the ability to prove your case.

When you have questions, our team is here to answer them for you.


Proving Negligence

When pursuing a slip and fall (or any premises liability) claim, the injured party must prove there has been negligence, and show the property owner did not exhibit reasonable care when keeping the property safe and well-maintained.

negligence premises liabilityNegligence means showing:

  • The defendant in the case owned the property (or controlled it),
  • A hazardous condition existed,
  • The property owner knew or should have known about it,
  • The property owner did not remove the hazards, and
  • That an injury occurred as a direct result of the hazard.

The fact that a dangerous condition exists does not mean there is a premises liability claim. The dangerous condition must exist because the property owner (or the person who controls the property) negligently:

  • Created it
  • Did not inspect the property to discover it
  • Did not remove or fix it, or
  • Failed to warn visitors about

Determining fault may not always be a simple task; however, the experienced premises liability lawyers at Nash & Franciskato can help you build your case.

The extent of liability a property or business owner has is dependent on:

READ: Types of Visitors

Types of slip, trip, and fall accidents covered by Missouri Premises Liability Laws include (but are not limited to):

  • Wet or slick floors
  • Missing or broken handrails on stairs and steps
  • Broken, uneven, or damaged stairs
  • Inadequate lighting and security
  • Faulty escalators and elevators
  • Icy and snow-covered sidewalks, parking lots, and walkways
  • Animals that attack or bite

READ: Types of Accidents Covered by Premises Liability Laws


Seriously Hurt in a Slip and Fall Accident?

Slip and fall accidents are one of the most common types of premises liability cases. According to the National Floor Safety Institute (NFSI), falls account for over 8 million hospital emergency room visits, and, of those, 1 million are due to slips and falls.

Slip and fall accidentThe attorneys at Nash & Franciskato Law Firm in Kansas City have obtained substantial settlements in numerous slip and fall cases by proving unsafe conditions like:

  • Inadequate lighting and improper handrails on stairways, some of which constitute clear building code violations
  • Failure to remove snow and ice from sidewalks or to mop up water after cleaning floors

CASE RESULTS

$475,000 Settlement Against Restaurant for Dangerous Stairs. An elderly client fractured her hip when she fell down the stairs of a restaurant. After her hip replacement surgery, she developed post-operative respiratory failure and other complications requiring her to be hospitalized and ultimately led to her death. The attorneys at Nash & Franciskato were able to prove the stairs were defective because of inadequate lighting and the installation of an improper handrail.

Need Additional Information?

Let us help you understand premises liability and fall accidents. Contact us at (877) 284-6600.


Inadequate Security and Supervision Can Lead to Unsafe Conditions

Premises liability claims can also involve inadequate supervision in a care facility such as a nursing home or the failure of a commercial gym to complete background checks on employees, ultimately creating an environment susceptible to criminal activity.

inadequate security

Security cameras

Unsafe conditions created by negligence may justify taking strong legal action to recover damages; for example, failure of apartment building owners to properly maintain locks, smoke detectors and other equipment necessary for the safety of residents.

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Experience Matters

Premises liability laws are complex. The Nash & Franciskato Law Firm in Kansas City knows these laws, having successfully represented many victims. For you, that means experienced personal injury attorneys who are creative, resourceful and tenacious in proving liability and protecting your legal rights.

Plus, our personal injury legal team gives you:

  • Over 80 years of combined experience
  • Trusted legal advisor committed to your needs
  • Super Lawyers for over 10 years
  • The AV Preeminence Rating for Ethical Standards & Legal Ability
  • Compassionate advocacy for you and your family

Case Results

Nash & Franciskato obtained a $270,000 settlement for the wrongful deaths resulting from a fire in an apartment building. Our investigation revealed that the landlord failed to maintain working smoke detectors in Governmental Assisted Section 8 Housing, in violation of Federal Regulations, resulting in the death of two children.


RECEIVE A FREE EVALUATION from Kansas City Premises Liability Attorneys

If you have been seriously injured on public or private property due to unsafe conditions, find out what your legal rights are.  Contact our lawyers in Kansas City at (877) 284-6600 for a free, no-obligation case evaluation.

Call Today and Start Your Free Case EVALUATION


Editor’s note: Page was originally published October 15, 2010 and was updated for content and accuracy on July 2, 2024.

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