Premises Liability Attorneys in Manhattan, Kansas
According to the National Floor Safety Institute, falls account for over 8 million hospital emergency room visits. We understand how difficult it can be when you get injured on someone else's property. The physical pain, emotional distress, and financial strain can be overwhelming. We're here to tell you that you don't have to face these challenges alone. At Oleen Law Firm, we offer our empathy, legal knowledge, and unwavering support to help you navigate this complex situation and seek the compensation you deserve.
Located in Manhattan, Kansas, our firm is conveniently positioned to serve clients throughout Junction City and beyond. Our team of experienced attorneys has been advocating for victims of premises liability cases for over 50 years. We are committed to fighting for your rights and helping you understand the intricacies of premises liability claims.
Common Types of Premises Liability Claims
Property owners have a responsibility to maintain safe conditions on their property. When they fail to do so, it can result in a wide range of accidents leading to potential premises liability claims. Here are some of the most common types of incidents that may lead to a premises liability claim:
Slip and Falls: This is perhaps the most common type of premises liability claim. Slip and falls can occur due to a variety of hazardous conditions such as wet floors, icy walkways, or uneven surfaces.
Falling Debris: Construction sites often pose significant risks. If debris falls from a construction site and causes injury, you may have grounds for a premises liability claim.
Collapsing Structures: Buildings or structures that are not properly maintained can collapse, causing serious injury or even death. Property owners are responsible for maintaining the structural integrity of their buildings.
Security Issues: If a property owner fails to provide adequate security measures and you are assaulted or robbed as a result, they could be held liable for your injuries and losses.
Inadequate Maintenance: This includes things like broken stairs, poor lighting, or other unsafe conditions that the property owner failed to address.
Swimming Pool Accidents: If a swimming pool is not properly secured or maintained, resulting in an injury or drowning, a premises liability claim may be possible.
At Oleen Law Firm, we're well-versed in handling all types of premises liability claims.
Understanding Premises Liability
But what exactly is premises liability? In Kansas, this legal concept holds property owners or operators accountable for injuries caused by unsafe conditions on their property. This applies whether the property is private or public; negligent property owners can be held liable for any harm that occurs on their premises.
A premises liability case aims to hold property owners or operators responsible for any harm caused by dangerous property conditions. This can range from slip and falls on icy walkways to accidents resulting from structural defects. The key is proving that the property owner failed to take reasonable steps to fix an unsafe condition or prevent injury on their property.
Who Can Be Held Liable?
In a premises liability case, the defendant (the person who caused the injury) can be held liable if they owned, occupied, leased, or controlled the property where the incident occurred. It's essential to establish that the defendant was negligent in the use or maintenance of the property and that their negligence was a substantial factor in causing the harm.
Private Property vs. Public Property Claims
Whether your accident occurred on private or public property, you have the right to seek compensation. Private property claims involve injuries on properties owned by individuals or businesses, while public property claims involve injuries on government-owned properties. Regardless, all property owners are accountable for any injuries caused by their negligence.
Property Owner Duty of Care
Property owners have a legal obligation to ensure their premises are reasonably safe for visitors. This includes inspecting the property regularly, addressing known hazards, and taking appropriate steps to minimize risks. If a property owner fails to fulfill these duties and someone is injured as a result, they can be held liable for the damages.
The Attractive Nuisance Doctrine
The attractive nuisance doctrine is particularly relevant when children are involved. According to this legal principle, property owners can be held liable for injuries to children caused by attractive nuisances on their property (conditions or objects that may attract children but pose a potential danger).
Comparative Fault in Kansas
Kansas operates under a no-fault system. This means that after an accident, you'll initially turn to your own insurance company for compensation, regardless of who was at fault. But what happens if your injuries are severe and the accident wasn't all your fault? That's where the concept of comparative fault comes into play.
In Kansas, if you're less than 50% at fault for the accident and you've suffered serious injuries, you may be able to seek additional compensation from the party who was more at fault. This is critical because it means you may have another avenue to recover the full amount of compensation you need to cover your expenses and losses.
But remember, time is of the essence. In Kansas, the statute of limitations for personal injury cases is two years from the date of the accident. This means you have a two-year window to file a lawsuit against the at-fault party. Miss this deadline, and you may lose your right to pursue compensation altogether.
When it comes to damages, Kansas law distinguishes between economic and noneconomic damages. Economic damages are your quantifiable losses; think medical bills and lost income. Noneconomic damages, on the other hand, are for things like pain and suffering, which are harder to put a number on but can significantly impact your life.
One important thing to note is that Kansas has a cap on noneconomic damages. For injuries that occurred between July 1, 2018, and July 1, 2022, the cap is $325,000. For injuries that happened on or after July 1, 2022, the cap increases to $350,000.
We know this is a lot to digest, but you're not alone. Reach out today to get the legal guidance you need and pursue the compensation you deserve.
Premises Liability Attorneys Serving Manhattan, Kansas
At Oleen Law Firm, we're dedicated to providing effective and compassionate legal representation for premises liability cases in Manhattan, Kansas, and surrounding areas. Let us help you navigate the complexities of your claim and fight for the compensation you deserve.