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 why you need a Wichita premises liability lawyer to step in to lend a hand.
We at DM Injury Law represent individuals like you who have been hurt due to unsafe conditions and 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.
Schedule your free case consultation with our attorneys today. We work on a contingency fee basis, which means you don’t pay unless we win.
Call (316) 888-7500 or contact us online today for a free consultation.
Our Case Results
We uncover every aspect of the truth when fighting for you. Take a look at some of our successful case results where property owners were found liable for injuries:
- $3,400,000: Our client was shot through the knee at a pawn shop. We found that the pawn shop employee did not handle the gun properly for inspection, making the shop liable for the injuries.
- $1,500,000: Our client was pinned between a truck and heavy-duty equipment while helping his neighbor on his farm.
- $1,000,000: Our client fell through the attic while repairs were being done on the house.
Slip & Fall Statistics
Falls are a major safety concern, with nearly equal fatality rates for men and women, though women experience more slip-and-fall incidents overall. According to the National Floor Safety Institute (NFSI), falls account for 5% of job-related fatalities for women and 11% for men.
Slips and falls are also the leading cause of emergency room visits, accounting for over 8 million annually. More than 1 million ER cases result from slips and falls, and fractures, which occur in 5% of all falls, are among the most serious outcomes.
A Wichita, Kansas slip and fall accident lawyer can help you obtain the settlement or jury verdict you need to pay for your medical bills and other financial burdens this accident has overwhelmed you with.
Different Types of Premises Liability Claims
Whether you’re up against a private homeowner, corporation, or public entity, the Wichita premises liability attorneys at DM Injury Law 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. support staff of investigators, case managers, and medical records specialists is adept at investigating such accidents and 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.
Call (316) 888-7500 or contact us online today for a free consultation.
When Are Property Owners Liable?
Property and business owners owe a duty of care to visitors, which depends on what a reasonable person would consider appropriate under the circumstances. Under Kansas law, factors that determine reasonableness include:
- How likely it is for someone to get hurt
- How serious the risk is to others
- The benefits of keeping the store as it is
- The cost and effort of making the store safer
To prove negligence, the injured person must show the property owner’s actions (or inactions) caused the injury. Kansas follows the “mode of operation rule,” meaning an injured person may recover damages without proving the owner knew about the hazard if the store’s operation creates risks and fails to address them. However, under comparative fault law, if the injured party is 50% or more at fault, they cannot recover damages.
Liability may also arise if owners fail to warn about or fix dangerous conditions, including those caused by weather. Kansas law allows property owners a “reasonable time” to address hazards like snow or ice, but what constitutes a reasonable time is decided by a jury.
Lastly, business owners are not obligated to make employee-only areas safe for customers.
Split Liability for Premises Liability Cases
Kansas operates under modified comparative negligence law. This means you can recover damages as long as you’re less than 51% at fault for the accident. For example:
- Award: $100,000
- Your fault: 20%
- Adjusted amount you receive: $80,000
Our goal is to reduce your share of fault and maximize your compensation. The expertise of a Wichita premises liability attorney can make all the difference in your case.
Invitees, Licensees, & Trespassers
Property owners owe varying levels of duty depending on who is on their premises.
- Invitees: Individuals entering a property for business purposes (e.g., customers or event attendees). Owners owe the highest duty of care, requiring them to maintain safe premises, address hazards, or warn invitees.
- Licensees: People on the property with consent but for personal reasons (e.g., social guests). Owners owe a moderate duty of care, ensuring safety and warning of known hazards but not inspecting for unknown dangers.
- Trespassers: Unauthorized individuals on the property. Owners owe a minimal duty of care, only refraining from intentional harm.
How Long Do I Have to File a Personal Injury Case in Kansas?
Kansas law generally allows you 2 years from the date of your injury to file a premises liability claim. However, if you delay your filing, you could lose valuable evidence. Speak with an attorney to help you smoothly navigate this process.
What Compensation Can I Receive?
You deserve financial compensation to cover any of the following losses:
- Medical bills (including therapy and long-term care)
- Lost income
- Funeral and burial costs (if the accident resulted in the wrongful death of a loved one)
- Pain and suffering
- PTSD
- Loss of companionship or guardianship
- Loss of independence
- Permanent scarring and disfigurement
Mike’s Got This! Schedule Your Free Consultation!
Our committed team at DM Injury Law proudly serves as the premises liability attorneys Wichita residents trust. We advocate fiercely for fair compensation, ensuring property owners are held accountable for their negligence. Tell us your story over a free consultation. You don’t pay unless we win.
Call (316) 888-7500 or contact us online today for a free consultation.
Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.
