Understanding Kansas Premises Liability Law
If you own any kind of property, it is your responsibility to provide a safe environment for your visitors in order to prevent injuries or even wrongful death. While this might seem like a basic concept, it is actually the framework for Kansas premises liability law. Additionally, visitors should be aware of their rights to seek damages after suffering from an injury on someone else’s property.
In this blog, personal injury attorneys at Patterson Legal Group explain Kansas premises liability law and explain how property owners can help prevent injured visitors.
What Is Premises Liability Law?
Premises liability refers to the legal responsibility of property owners to ensure that their premises are safe for visitors, guests, customers, and sometimes even trespassers. When property owners fail to maintain safe conditions and someone is injured, they may be held liable for damages.
Examples of premises liability cases might include:
- Slip and Fall Accidents: these occur when a person slips, trips, or falls due to hazards like wet floors, uneven surfaces, or poor lighting.
- Negligent Security: property owners may be liable if inadequate security measures lead to criminal acts causing harm to visitors.
- Dog Bites: pet owners are responsible for controlling their dogs, and if their negligence leads to a dog bite injury, they may be held liable.
- Defective Conditions: includes dangerous conditions such as broken stairs, faulty handrails, or structural defects that lead to injury.
Elements of Kansas Premises Liability Law
Understanding Kansas premises liability law is the first step in protecting both property owners and visitors to their property. Here are some key elements of premises liability law in Kansas:
Duty of Care
Property owners and occupiers owe a duty of care to individuals who enter their property and to either fix known dangers or warn visitors about them. Additionally, they must exercise reasonable care to discover dangerous conditions that may not be immediately obvious. The level of care owed depends on the legal status of the visitor: invitee, licensee, or trespasser.
Invitees, Licensees, and Trespassers
- Invitees are individuals you’ve explicitly invited onto your property, like guests or repair personnel. Property owners owe invitees the highest duty of care.
- Licensees are individuals who enter with your consent, like mail carriers, but for their own purposes. Homeowners must avoid harm but aren’t responsible for unforeseen dangers.
- Trespassers are individuals who enter the property without permission. Property owners typically owe trespassers the lowest duty of care but still must refrain from willfully or recklessly causing harm.
Negligence
To establish liability in a Kansas premises liability case, you must show the property owner breached their duty of care through negligence. This typically involves showing that the property owner knew or should have known about the dangerous condition but failed to take reasonable steps to address it.
Kansas follows a modified comparative negligence rule, which means if you are partially responsible for your injuries, recoverable damages may be reduced in proportion to their degree of fault. However, if you are found to be 50% or more at fault, you may not be able to recover damages.
Proving Liability
To prove liability under Kansas premises liability law, you’ll need to gather evidence, such as:
- Witness statements
- Medical records
- Photographs or videos
- Maintenance records
- Inspection reports
- In some cases, expert testimony
Statute of Limitations
Under Kansas premises liability law, the claim be filed within two years from the date of the injury. Failing to file within this timeframe may result in the loss of the right to seek compensation.
Tips for Owners and Visitors
Both property owners and visitors have a role to play in preventing premises liability lawsuits in Kansas. Here are some key steps each group can take:
For Property Owners
- Maintain the property: regularly inspect your property to identify and address potential hazards like uneven sidewalks, broken stairs, malfunctioning lights, or leaking water.
- Warn of known dangers: if a hazard cannot be immediately repaired, clearly and conspicuously warn visitors about it using signs, barriers, or verbal communication.
- Comply with building codes and regulations: ensure your property adheres to relevant safety standards and codes.
- Implement security measures: take steps to protect visitors from criminal activity, like security cameras and controlled access points.
- Document maintenance and repairs: keep records of inspections, repairs, and safety measures.
For Visitors
- Be aware of your surroundings: pay attention to potential hazards and avoid risky behavior. Take reasonable precautions for your own safety.
- Use provided safety equipment: wear appropriate footwear and use any available safety gear, like handrails.
- Report hazards: inform the property owner about any dangerous conditions.
- Document the incident: if you get injured, document the scene, your injuries, and any communication with the property owner.
Contact Our Kansas Premises Liability Lawyers
Understanding Kansas premises liability law is crucial for everyone, whether you own property or are a visitor. When you know how to protect yourself, you can help prevent personal injuries. However, accidents can happen no matter what. If you or a loved one have been injured due to no fault of your own on another’s property, our personal injury lawyers can help you fight for compensation.
Patterson Legal Group has more than 75 years of combined experience successfully representing injury victims in Kansas, Missouri, and Oklahoma. We have a track record of winning superior settlements for our clients. Our firm offers free consultations and works on a “no win, no fee” basis, which means that you do not pay a dime unless money has been recovered on your behalf.
To get started on your free consultation, call us 24/7 at (888) 687-2400. You can also fill out this contact form or reach out via LiveChat.
