These are complex claims and should always be handled by an experienced property injury lawyer in Wichita. Victims are best served by reaching out to an experienced law firm as soon as possible after an injury accident occurs. Early investigation into all of the facts and circumstances of an accident can be critical in these types of claims as property owners and other responsible parties are often quick to correct dangerous conditions after an injury occurs.

Property Injury Claims

Property owners, managers and tenants all have a duty to keep a property in reasonably safe condition. However, under Kansas law, a victim’s rights and a property owner’s responsibilities are determined by a victim’s status on a property.

• Invitee: An invitee is owed the highest duty of care because he or she is on a property for the benefit of the inviter. A customer at a store is an example of an invitee. The possessor of the premises owes an active duty of care, that includes an obligation to use reasonable and ordinary care for an invitee’s safety and to protect and warn against any danger that may be reasonably anticipated.
• Licensee: Is on a property with permission. A social guest is considered a licensee. In these cases, a property owner or occupant has an obligation to to keep property in reasonably safe condition and warn visitors of potential dangers that are not obvious.
• Trespasser: A trespasser is on a property without permission. Property owners or possessors must refrain from willfully, wantonly or recklessly causing injury. Trespassers are owed the least duty of care. However, there is an exception under the attractive nuisance doctrine, which can hold a property owner liable for injuries to children caused by property conditions like junk cars, unguarded swimming pools, and other dangerous conditions that could reasonably be expected to entice children onto a property.

The elements of a property injury claim are the same as those for other types of personal injury claims under Kansas law:

• That the at-fault party owed a duty of care.
• That the at-fault party breached that duty.
• That the failure resulted in a compensable injury.
• And that monetary damages resulted.

In addition to proving causation and liability, your Wichita premise liability lawyer must also determine the full extent of your damages. This includes both economic damages, such as lost wages and medical bills, as well as non-economic damages like pain and suffering. Only with a claim built to prove both fault and damages, can your chosen attorney expect to prevail in the negotiating room, or the courtroom.

The veteran Wichita premises liability lawyers at Riedmiller, Andersen and Scott LLC represent injury victims and their families in Wichita, Kansas and the surrounding areas, including Valley Center, Park City, Kechi, Bel Aire, Eastbourough, Andover, Derby, Newton, El Dorado, Arkansas City, Winfield, Haysville, Goddard and Maize. For a confidential consultation to discuss your rights call 316-648-1369.