Topeka Premises Liability Lawyers
Let Us Help You Understand Your Rights
You are responsible for making sure your property is safe for visitors—and every other property owner is, as well. When anyone, be they a homeowner, an entrepreneur, or a property manager, fails to properly handle hazardous conditions on their land or in one of their buildings or other structures, that person can be held accountable for their negligence. If you or a loved one were injured in a situation such as this, reach out to our team today. We can help you understand your rights and start your claim.
Accidents like slip and falls can cause major, lasting injuries that greatly disrupt your life. Our attorneys want you to know someone is on your side in the aftermath. We have recovered nearly $30 million for our clients in a variety of injury cases. With our team’s experience and knowledge on your side, you can be confident your claim is in good hands.
Call us today at (785) 470-4244 to schedule a free consultation if you think you have a premises liability claim. Our Topeka team is here to answer your questions and help you take action.
The Basics of Premises Liability law
Like all personal injury claims, the right to file a premises liability case depends on the existence of negligence and its relationship to the damages you suffered. This means demonstrating links between the property owner or manager’s actions and your suffering.
Broken down into steps, the process involves:
- Finding proof (such as a title or contract) showing ownership or responsibility for maintaining a property rests with the individual or company you are suing
- Showing a hazardous condition existed on the property
- Arguing the property owner or manager reasonably should have known about the hazard
- Demonstrating the property owner or manager’s negligence in failing to warn of and/or remove the hazard
- Showing how that hazard caused your injury
This may seem simple—but premises liability claims can actually require quite a bit of investigation. For instance, if someone spilled a drink in the middle of a restaurant and you slipped on it, the property owner might argue the spill was fresh at the time of your accident, and they had no way to know there was a dangerous situation, much less remedy it. Therefore, you need an attorney who has the resources to look into your claim and create exhibits, such as an accident timeline, that show why you deserve compensation.
When Can I File a Premises Liability Claim?
If all the conditions laid out in the list above have been met, you likely have reason to file a premises liability claim. While some accidents, like slip and falls, are easy to identify as being the fault of a property owner, they are far from the only type of premises liability claim. Our team can help you explore your legal options in situations ranging from:
- Balcony and porch collapse
- Building code violations
- Defective or dangerous conditions
- Dog bites
- Elevator and escalator malfunctions
- Falling items or objects
- Fire code violations
- Inadequate lighting
- Inadequate maintenance
- Negligent security
- Stair collapse
- Swimming pool accidents and drownings
- Toxic exposure to dangerous fumes or chemicals
- Unsafe stairwells
Most of us take these protections for granted because we have the right to expect the properties we visit will be well maintained and safe. However, just because a property owner’s negligence is less obvious does not mean they should get away with endangering visitors.
Who Can File a Premises Liability Claim?
For the most part, there are no rules limiting the type of individual who can file a claim. In Kansas, as in most states, there are rules that prevent most trespassers from obtaining compensation, even if they were injured due to property owner negligence. You also cannot file a premises liability claim if you were injured on your own property, even if you believe someone else’s negligence was to blame. In most other cases, injured individuals have the right to file a claim and fight for compensation.
Consumers or Customers Visiting a Commercial Property
The owner of a store, restaurant, hotel, amusement park, or any other type of commercial property can be expected to maintain their grounds and buildings to the highest degree. If there are any hazards—such as a swimming pool—they must either take precautions (lifeguards) or clearly communicate the danger to visitors and put in extra measures to keep people safe (by fencing the pool and only allowing children to visit the pool in the company of parents).
Workers or Tradespeople On the Job
Some of us work at the same office every day; others, like delivery people or maintenance workers and technicians, visit a variety of properties throughout the week. Regardless, every one of these individuals has the right to expect they will be safe no matter where their job takes them. An employee or contractor can bring a claim (or file for workers’ compensation, depending on their employment status) if they are hurt on someone else’s land.
Landlords assume the duty of ensuring their properties are safe for tenants and their visitors at all times. All public areas are assumed to be under a landlord’s control, and while renters have a large degree of control over their own units, they can still hold a landlord accountable for failing to perform necessary maintenance that is beyond what would be expected of a tenant. In cases involving rented property, maintenance requests or other messages informing a landlord or property owner of an impending hazard can be strong evidence for your claim.
Though it may seem weird to file a claim if you were injured while visiting your friend or a neighbor, you do have the right to compensation if you were injured due to negligent maintenance on their behalf. If you are in this situation, know this claim will likely be paid by homeowners or renters insurance rather than the individual who owns the property. We understand this situation may be awkward—and our lawyers are here to answer your questions.
Start Your Claim With Our Skilled Attorneys
If you’ve been seriously injured, we understand you need the other parts of your life to run as smoothly as possible while you recover. Bringing in DiPasquale Moore to work on your claim can greatly simplify the process without compromising your ability to recover the compensation you deserve. Our attorneys are available 24/7 and, with over 100 years of combined experience, can answer all of your questions.
By filing a claim, you could be able to recover compensation for expenses including medical bills, lost wages, future medical needs, pain and suffering, and more. The more serious your injury, the more likely it is the expenses you are currently aware of will only be a fraction of what the accident costs. We want to help you understand what a fair settlement looks like, so you do not accept a payout that will not cover your needs. Negligent property owners can and should be held liable when their actions lead to your injury. Let us know how we can support you today.
Start your premises liability claim today by calling our Topeka firm at (785) 470-4244. Our lawyers offer free consultations and are ready to help you recover the compensation you deserve.
I was satisfied with the services provided by my attorney, Drew Ward, and would recommend him and provide 5 stars.” - Anonymous