Wichita Premises Liability Attorneys
Call Us If You’re Hurt on Someone Else’s Property
When you’ve been injured on someone else’s property, the path to compensation can be complex and challenging. That’s where our dedicated team of Wichita premises liability attorneys steps in to lend a professional hand. Representing individuals who have been hurt due to unsafe conditions, we at DiPasquale Moore strive to hold property owners accountable for their negligence. Our mission is to help you navigate the legal hurdles of your case, fight for your rights, and secure the compensation you deserve.
Call (316) 888-7500 or contact us online today for a free consultation.
Different Types of Premises Liability Claims
Whether you’re up against a private homeowner, corporation, or public entity, the attorneys at DiPasquale Moore are ready to fight for your rights. If you’ve been injured on someone else’s property due to their negligence, we can help you seek the compensation you deserve. No case is too complex or big for our law firm to handle thanks to our experience, resources, and reputation.
Our team is well-versed in handling a wide range of premises liability claims, including:
- Slip and fall accidents: Slip/trip and fall accidents are among the most common premises liability cases. They occur when someone slips, trips, or falls due to unsafe conditions such as wet floors, uneven surfaces, or inadequate lighting.
- Dog bites: Property owners can be held liable if their dog injures someone, especially if they were aware of the dog’s aggressive tendencies.
- Toxic exposure: If a worker or visitor is exposed to harmful substances like mold, lead, or hazardous chemicals while on someone else’s property, they may have grounds for a premises liability claim.
- Negligent security: Property owners may be held responsible if a lack of adequate security leads to a person being injured or assaulted on their premises. Negligent security cases typically apply to commercial properties, such as late-night bars that should hire bouncers to control intoxicated patrons.
- Attractive nuisances: An attractive nuisance is a hazard that might attract children onto a property, such as a swimming pool. Property owners have a duty to secure these dangers to prevent accidents, even when children aren’t invited onto the property.
Evidence to Back a Premises Liability Claim
Knowing where to look for evidence and how to interpret it is crucial in premises liability cases. Our Wichita premises liability attorneys at our firm are adept at investigating such accidents, meticulously gathering and analyzing evidence to build a strong case.
Common types of evidence that can be used to substantiate a premises liability claim include:
- Eyewitness testimony: Statements from individuals who witnessed the accident can provide details about the incident and conditions leading up to it, which might be unclear to you if you were seriously injured and lost consciousness.
- Security camera footage: Video evidence can conclusively demonstrate the circumstances of the accident and the state of the property at the time of the incident.
- Property accident records: Past complaints or accident reports related to the property can establish a history of negligence or unsafe conditions. Commercial properties and retailers will likely keep an accident record that could be valuable for your claim.
- Medical records: Your medical records can link the accident to your injuries, providing proof of the harm you suffered. They also help quantify the extent of your damages, which can influence the amount of compensation you seek.
Invitees, Licensees & Trespassers
The duty owed by a property owner to a person on their premises depends on the status of that person:
- Invitees are individuals who enter a property for a purpose related to the owner’s business or activities. This could include customers in a store or attendees at a public event. Property owners owe the highest duty of care to invitees. They must maintain safe premises, actively inspect for potential hazards, and either correct those hazards or warn invitees about them before the hazards can be encountered.
- Licensees are people who enter the property with the owner’s consent but for their own purposes, like social guests or door-to-door salespersons. Property owners have a moderate duty of care owed to licensees. While the property owner must ensure the property is safe, they are not required to inspect for unknown dangers. However, they are obligated to warn licensees of any known hazards.
- Trespassers are people or criminal offenders who enter the property without permission. Property owners owe the least duty of care to trespassers. They are generally only required to refrain from causing intentional harm, such as setting a trap that could hurt a trespasser.
Split Liability for Premises Liability Cases
Kansas operates under a modified comparative negligence law, which can have substantial implications for premises liability cases. This law allows a plaintiff to recover damages even if they are partially at fault for their injuries, as long as their share of the blame is less than 51%. In the context of premises liability, this could mean that if you were injured on someone else’s property, but your actions contributed to the accident in some way—e.g., by ignoring warning signs or venturing into restricted areas—this could be considered comparative negligence.
The court will determine the percentage of fault for each party involved. If you, as the plaintiff, are found to be 30% at fault, for example, your total damages award would be reduced by that percentage. If you were awarded $100,000 in damages in this imagined scenario, you would receive $70,000 due to the 30% reduction.
If you’re found to be mostly at fault, though, you won’t be able to recover any damages. This limitation makes it even more important to have skilled legal representation in such cases. Our attorneys know how to create evidence-backed arguments that can fight to keep your liability low, hopefully as low as 0%.
Talk With Our Wichita Premises Liability Attorneys Today
When you’re facing the aftermath of an injury on someone else’s property, you need a trusted ally who can help you seek justice. Our team of dedicated Wichita premises liability attorneys is ready to stand by your side. We can tirelessly pursue your rightful compensation on your behalf. Don’t let the challenges of a premises liability claim overwhelm you. Reach out to us today, and together, we can stand up for the compensation and justice that you deserve.
Call (316) 888-7500 or contact us online today for a free consultation.
