Homeowner Liability for a Slip & Fall in Missouri & Kansas
If you were injured at a home or residential property, you may be wondering what to do. You may need to recover compensation for your medical bills and injuries, but are unsure where to turn. Are you supposed to file a claim with the homeowner's insurance, or sue the homeowner?
To be entitled to compensation for your injuries, you must prove the legal requirements for a premises liability claim to hold the homeowner liable for your damages. If the homeowner is liable for your damages, the homeowner’s insurance coverage will pay your damages if there is insurance coverage.
Most homeowner’s insurance policies contain liability coverage that applies when someone is injured on the homeowner’s property. The policy might also contain no-fault medical coverage that applies to covered accidents.
However, the policy could contain exclusions that limit liability or exclude certain activities. Suppose your actions contributed to the cause of your injury. In that case, the homeowner’s insurance company might deny your claim or argue that you are not entitled to full compensation for your damages due to your own comparative fault.
Recovering damages from a slip and fall at a residential property can be complicated. Before talking to the insurance adjuster, you should talk to an experienced slip and fall accident lawyer. Our Kansas City slip and fall lawyer offers a free, no obligation consultation. Just call our law firm today at 816-203-0143, and our attorney can help evaluate your claim and what you to do to recover your losses.
How to Recover Damages for a Slip & Fall at a Home in Missouri & Kansas
A premises liability claim requires you to prove four legal elements to hold the property owner liable for damages. Those legal elements are:
- The owner owed you a duty of care
- The owner knew or should have known about a dangerous condition
- The owner did not warn you of the condition or correct the condition
- You were injured because of the dangerous condition
- You sustained damages because the owner breached the duty of care
If you are an invited guest or on the property legally, the homeowner owes you a duty of care. The duty of care is to maintain the premises in a safe condition. If there is a dangerous condition, the other must warn you of the condition and take reasonable steps to correct the condition.
The duty of care requires the homeowner to take reasonable steps to avoid accidents. Reasonable steps might include inspecting the property regularly and making timely repairs. If there is a hazard, reasonable steps might include placing warning signs on the property. For example, using signs to warn individuals of an animal on the property or an electrified fence.
Types of Dangerous Conditions Resulting in a Lawsuit for Premises Liability in Kansas City
There are numerous conditions and hazards that could result in a slip and fall or other premises liability injury on another person’s property in Missouri and Kansas. Some conditions that might be considered dangerous or hazardous include:
- Dogs or other animals on the property
- Snow or ice on stairs or sidewalks
- An unsecured swimming pool
- Broken or uneven steps and missing handrails
- Missing handrails or banisters
- Uneven or cracked surfaces
- Damaged flooring
- Exposed electrical wires or extension cords
- Wet or slick surfaces
- Unsecured hazardous chemicals
- Improperly maintained decks
- Holes in the yard
- Inadeqaute lighting
Proving the legal elements of a premise liability claim can be difficult. You need evidence proving the homeowner failed to maintain and inspect the property, failed to repair dangerous conditions, or failed to provide adequate warning. Hiring an attorney can be the best way to protect your legal rights when a homeowner is negligent in preventing an injury on his property.
Why You Should Hire a Personal Injury Lawyer in Kansas City
Investigating a fall on another person’s property can be challenging. The property owner may not be cooperative as you try to gather the evidence you can use to prove the homeowner is at fault for your injuries. The homeowner may have corrected the dangerous condition, which can make gathering evidence more difficult.
An experienced premises liability lawyer knows how to handle these situations. A lawyer understands the tools available to force the homeowner to answer questions and allow the attorney to gather evidence. If necessary, an attorney can file a lawsuit, which provides additional legal tools to gather evidence proving fault and liability.
With an attorney’s help, you can seek compensation for your damages from a slip and fall accident. Damages may include:
- The cost of diagnosing and treating your injuries from the fall
- Loss of income and benefits if you were out of work because of your injuries
- Future damages for permanent injuries and disabilities, including ongoing medical care, lost wages, and decreases in earning capacity
- Physical pain and suffering
- Loss of quality of life
- Emotional distress and mental anguish
The value of your claim depends on the facts of your case. Your lawyer works with you and your physicians to document your injuries, economic losses, and other damages for your claim.
Your lawyer also protects you from aggressive insurance claims adjusters who pressure you to accept a quick settlement. A quick settlement saves the insurance company money while you lose thousands of dollars in compensation for damages.
Contact Our Kansas City Slip and Fall Attorney for a Free Consultation
If you have questions about an injury at someone’s home, contact The Law Office of Kevin J. McManus by calling 816-203-0143. Learn about your rights and options for recovery during a free consultation.