Premises Liability / Slip and Fall
Premises Liability Accidents
Choosing a Qualified Missouri Premises Liability Lawyer
At Chionuma Law Firm, LLC of Kansas City, our lawyers have over 65 years combined experience handling premises liability cases in Missouri.
Premises liability refers to any type of accident caused by a condition on real-estate property. The accident could be caused by a foreign substance, such as oil, a foreign object, an obstruction, snow or ice, defective construction, improper maintenance, a slippery floor, broken stairs, and other defects on the property which cause you to slip, trip or fall. In Missouri, a property owner or the person controlling or using the property may be responsible for personal injuries you suffer while visiting or using their property.
Premises liability cases are a based on negligence law. In addition, on residential rental property, the landlord might be responsible under a theory of breach of warranty of habitability if the property does not conform to building or housing codes.
Chionuma Law Firm premises liability lawyers handle all types of cases arising from accidents on personal, commercial, or public property. Common types of accident cases include:
- Swimming pool accidents
- Dog bites and animal attacks
- Defective stairways and stair collapse
- Elevator and escalator accidents
- Porch collapse and porch railing failures
- Tripping or falling due to uneven surfaces
- Balcony and deck defects
- Floor or building collapse
- Accidents caused by snow and ice
- Falls on short, unmarked flights of stairs or steps
- Fire and smoke injuries
- Injuries, assaults and wrongful death from negligent security
- Defects at commercial properties causing slips, trips or falls
- Injuries from flooding or water leaks or spills
- Slips and falls from cleaning agents
- Slips and falls caused by spilled food or drinks
- Inadequate lighting
- Exposure to toxic fumes or chemicals
- Building code or housing code violations
- Failure to repair or maintain premises
- Improper commercial displays
- Falling merchandise in stores
- Unprotected holes and uneven surfaces
- Unmarked stairs or steps
- Rapes and sexual assault
Who Is Liable For Personal Injuries Caused By Premises Liability?
Typically the owner of the property is the person responsible for injuries caused by negligent maintenance of the property. However, many commercial properties are leased to business tenants, and the property owner might not control the property. In that case the business renting the property becomes responsible for the maintenance of the property. In residential properties, the tenant and the landlord might share responsibility in certain situations. A contractor working on the premises might also share in the liability. In most of these cases, the responsible party will have liability insurance. There may also be medical payments insurance coverage.
Some premises liability cases involve failure to maintain the property. It is easy to understand that building materials, such as wood staircases or brick walkways, will wear out; they need regular maintenance. The failure by a building owner to regularly inspect and to regularly maintain the premises may lead to liability.
In some cases, the landlord or the business might create the condition. For example, a store owner might wash a floor, leaving it wet and slippery. The owner has a duty to put up warning signs to prevent a slip and fall accident.
Proof of Premises Liability Cases
Since premises liability cases typically involve a condition, in order to prove the case the lawyer needs to demonstrate that the owner knew or reasonably should have known about the condition. For example, if the condition was caused by a spill, the owner is entitled to a reasonable amount of time to discover the spill and clean it up. How long? It depends. If it is a busy public space, such as the entrance to a store, then it is usually a fairly brief period of time.
Choosing a Kansas City Premises Liability Lawyer
Your legal rights need to be protected after an accident arising from premises liability. You should hire an experienced personal injury attorney, one who understands the law and complex regulations governing premises in Missouri. In some cases, immediate notice may be required to preserve all of your rights. In addition, a premises liability accidents in Missouri are governed by a Statute of Limitations.
For more information on selecting a Kansas City premises liability attorney, please call us at 816-421-5544