Why MorenoLawKC is Different for Premises Liability Cases
Unlike general personal injury firms, we understand the unique challenges of premises liability cases in Missouri and Kansas. Property owners and their insurance companies often try to blame victims for their own injuries, claiming conditions were "open and obvious" or that you should have been more careful.
We know their tactics, and we know how to counter them. Our approach combines thorough investigation, expert witness testimony, and aggressive advocacy to prove that property owners knew or should have known about dangerous conditions on their premises.
Call (816) 200-0467 to discuss your case with a Kansas City premises liability lawyer who understands Missouri law and fights for maximum compensation.
Why Choose Us
Why Choose MorenoLawKC for Your Premises Liability Case
Deep Knowledge of Missouri and Kansas Premises Liability Law
We understand the three categories of visitors under Missouri law (invitees, licensees, and trespassers) and the different duties property owners owe to each. This knowledge is crucial for building your case and maximizing your compensation.
Proven Investigation Process
Premises liability cases are won or lost on evidence. We immediately preserve security footage, photograph dangerous conditions, interview witnesses, and obtain maintenance records before property owners can destroy evidence or fix problems.
Experience with Insurance Company Tactics
Insurance companies routinely deny premises liability claims using predictable defenses. We know how to counter the "open and obvious" defense, trivial defect doctrine, and comparative negligence arguments that insurance companies use to reduce or deny your claim.
Bilingual Legal Services
Hablamos español. We serve Kansas City's diverse community with legal services in both English and Spanish, ensuring all clients fully understand their rights and legal options.
Advantages
✓ Free consultations for all premises liability cases
✓ Licensed in both Missouri and Kansas
✓ Direct access to your attorney - no being passed around to paralegals
✓ Immediate evidence preservation and case investigation
✓ Bilingual services (English and Spanish)
✓ Local Kansas City attorney who knows Missouri courts
✓ Experience with all types of premises liability cases
Practice Areas
Types of Premises Liability Cases We Handle in Kansas City
Slip and Fall Accidents
The most common type of premises liability case involves slipping or tripping on dangerous conditions like wet floors, uneven surfaces, broken stairs, or inadequate lighting. We investigate whether property owners knew or should have known about these hazards.
Negligent Security Cases
Property owners have a duty to provide reasonable security measures to protect visitors from foreseeable crimes. We handle cases involving inadequate security at apartment complexes, shopping centers, hotels, bars, and other businesses where violent crimes occur.
Dog Bite and Animal Attack Cases
Missouri follows a strict liability rule for dog bites, while Kansas uses a "one bite" rule. We understand both states' laws and hold pet owners and property owners responsible for animal attacks on their premises.
Swimming Pool Accidents
Pool owners must maintain safe conditions and proper safety equipment. We handle drowning cases, slip and falls around pools, and accidents involving defective pool equipment or inadequate supervision.
Elevator and Escalator Accidents
Mechanical failures, poor maintenance, and design defects can cause serious injuries. We work with experts to prove negligent maintenance or operation of elevators and escalators.
Falling Objects and Structural Failures
Property owners must maintain buildings and structures in safe condition. We handle cases involving falling ceiling tiles, collapsing structures, falling merchandise, and other hazards that cause injury.
Inadequate Lighting Cases
Poor lighting in parking lots, stairwells, and walkways can lead to trips, falls, and criminal attacks. We prove that property owners failed to provide adequate lighting for safety.
Daycare and School Injuries
Children deserve special protection on educational properties. We handle playground accidents, classroom injuries, and cases where schools fail to provide adequate supervision.
Compensation
Compensation Available in Kansas City Premises Liability Cases
Economic Damages
Medical Expenses: Coverage for all medical treatment related to your injury, including emergency room visits, surgery, physical therapy, and future medical care.
Lost Wages: Compensation for time missed from work during recovery, including both past lost income and future earning capacity if your injuries prevent you from returning to your previous job.
Property Damage: Reimbursement for damaged personal property like clothing, eyeglasses, or electronics damaged in the accident.
Out-of-Pocket Expenses: Compensation for costs like transportation to medical appointments, home modifications for disabilities, and assistance with daily activities.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain, discomfort, and the impact of injuries on your quality of life.
Emotional Distress: Damages for anxiety, depression, PTSD, and other psychological effects of your accident and injuries.
Loss of Consortium: Compensation for the impact of injuries on your relationship with your spouse and family.
Disfigurement and Scarring: Additional compensation when injuries result in permanent scarring or disfigurement.
Punitive Damages
In cases involving particularly reckless or intentional conduct by property owners, Missouri and Kansas law may allow punitive damages designed to punish the defendant and deter similar conduct.
Common Injuries
ire lifetime medical care and result in enormous financial damages.
Soft Tissue Injuries
Sprains, strains, and muscle tears may seem minor but can cause chronic pain and limit your ability to work. We ensure insurance companies don't minimize these legitimate injuries.
Cuts and Lacerations
Broken glass, sharp edges, and dangerous debris can cause deep cuts requiring stitches, surgery, and potentially leaving permanent scars. We seek compensation for both medical treatment and disfigurement.
Wrongful Death
When premises liability accidents result in death, families can pursue wrongful death claims for funeral expenses, lost income, and loss of companionship.
Legal Information
Missouri and Kansas Premises Liability Laws
Statute of Limitations
Missouri: You have five years from the date of injury to file a premises liability lawsuit in Missouri courts.
Kansas: You have two years from the date of injury to file a premises liability lawsuit in Kansas courts.
Don't wait to consult with an attorney. Evidence disappears, witnesses forget details, and waiting too long can harm your case.
Visitor Classifications in Missouri
Invitees: Business customers and others invited onto property for the owner's benefit. Property owners owe the highest duty of care, including regular inspections and fixing known hazards.
Licensees: Social guests and others on property with permission but not for business purposes. Property owners must warn of known hidden dangers.
Trespassers: Generally, property owners owe no duty to adult trespassers except to avoid willful or wanton conduct. Special rules apply to child trespassers under the attractive nuisance doctrine.
Comparative Negligence Rules
Missouri: Pure comparative negligence allows you to recover damages even if you're partially at fault, though your compensation is reduced by your percentage of fault.
Kansas: Modified comparative negligence bars recovery if you're 50% or more at fault for your injuries. If you're less than 50% at fault, your damages are reduced by your percentage of fault.
Process
What to Do After a Premises Liability Accident in Kansas City
Immediate Steps at the Scene
- Seek Medical Attention: Your health and safety are the top priority. Call 911 if you're seriously injured or need immediate medical care.
- Report the Accident: Notify the property owner, manager, or security immediately. Insist on filing an incident report and get a copy.
- Document Everything: Take photos or videos of the dangerous condition, your injuries, and the surrounding area. Get contact information from witnesses.
- Preserve Evidence: Don't let anyone move or clean up the hazard until it's been documented. Ask witnesses to stay and give statements.
Emergency Contact: Call 911 for medical emergencies, then call (816) 200-0467 to speak with a Kansas City premises liability lawyer.
Follow-Up Actions
- Get Medical Treatment: See a doctor even if injuries seem minor. Some injuries don't show symptoms immediately.
- Keep Records: Save all medical records, bills, and documentation related to your accident and treatment.
- Contact an Attorney: Consult with a premises liability lawyer before giving statements to insurance companies or signing any documents.
- Avoid Social Media: Don't post about your accident or injuries on social media, as insurance companies monitor these platforms.
Insurance Company
How We Counter Insurance Company Tactics in Premises Liability Cases
Common Insurance Arguments vs. Our Response
Insurance Claim: "The condition was open and obvious - you should have seen it."Our Response: Even obvious dangers must be addressed by property owners. We prove the property owner had superior knowledge of the hazard and failed to take reasonable steps to fix it or provide adequate warnings.
Insurance Claim: "You were partially at fault for not watching where you were going."Our Response: We investigate lighting conditions, distractions, and whether the property owner created the dangerous condition through negligent maintenance or design.
Insurance Claim: "This was just a minor defect that couldn't cause injury."Our Response: We use expert testimony to show how even small defects can cause serious injuries, especially when combined with other factors like poor lighting or foot traffic patterns.
Insurance Claim: "The property owner didn't know about the dangerous condition."Our Response: We obtain maintenance records, inspection reports, and witness testimony to prove constructive notice - that the condition existed long enough that reasonable inspections would have discovered it.
Frequently Asked Questions
Frequently Asked Questions About Kansas City Premises Liability Cases
What is premises liability?
Premises liability is a legal concept that holds property owners responsible for maintaining safe conditions on their property. When property owners fail to address dangerous conditions and someone gets hurt, they can be held liable for the victim's injuries and damages.
How long do I have to file a premises liability claim?
In Missouri, you have five years from the date of injury to file a lawsuit. In Kansas, you have two years. However, it's important to consult with an attorney immediately because evidence can disappear and witnesses can forget important details.
What if I was partially at fault for my accident?
Both Missouri and Kansas allow you to recover compensation even if you were partially at fault, though your damages may be reduced. In Missouri, you can recover regardless of your percentage of fault. In Kansas, you can recover if you're less than 50% at fault.
Do I need to prove the property owner knew about the dangerous condition?
You must prove either actual notice (the property owner knew about the hazard) or constructive notice (the condition existed long enough that reasonable inspections should have discovered it). We investigate maintenance records and witness testimony to establish notice.
What types of damages can I recover?
You can recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving particularly reckless conduct, punitive damages may also be available.
How much does it cost to hire a premises liability lawyer?
MorenoLawKC offers free consultations for all premises liability cases. We'll evaluate your case at no cost and explain your legal options. Our fee structure varies by case, and we'll discuss all costs upfront during your consultation.
What should I do if the property owner's insurance company contacts me?
Don't give any statements or sign any documents without consulting with an attorney first. Insurance companies often try to get victims to accept blame or accept low settlement offers before they understand the full extent of their injuries.
Can I still file a claim if there were no witnesses to my accident?
Yes, you can still pursue a claim without witnesses. We use other evidence like security footage, maintenance records, photos of the scene, and expert testimony to prove your case.
Service Areas
Areas We Serve for Premises Liability Cases
Missouri
Kansas City Metro: Kansas City, Independence, Lee's Summit, Blue Springs, Raytown, Grandview, Belton, Raymore
Clay County: Liberty, Gladstone, North Kansas City, Excelsior Springs, Kearney
Jackson County: Kansas City, Independence, Lee's Summit, Blue Springs, Grain Valley
Platte County: Platte City, Parkville, Riverside, Platte Woods
Kansas
Johnson County: Overland Park, Olathe, Shawnee, Lenexa, Leawood, Prairie Village, Mission
Wyandotte County: Kansas City (KS), Bonner Springs
Surrounding Areas: Roeland Park, Fairway, Mission Hills, Westwood
We proudly serve premises liability accident victims throughout the Kansas City metropolitan area in both Missouri and Kansas, providing experienced legal representation close to home.
