Premises Liability Attorney

Capable Legal Representation for Topeka Premises Liability Lawsuits

The last thing you expect when you visit a store, amusement park, restaurant, or even a friend’s house is to get hurt. But when this happens, it’s important to tackle the situation head-on. Your injury might be the result of a property owner’s carelessness or negligence and if so, they should be held accountable for their actions.

After you or a loved one has been seriously injured on someone else’s property, you need qualified, zealous legal advocacy to pursue the compensation you deserve.

The Palmer Law Group has you covered.

How We Can Help

Few things are as devastating as a serious accident when you least expect it. Suddenly, there’s so much to do in a very short amount of time, all while you’re trying to recover. If any of your family members also have to take time off work to help you, things can become even more difficult.

When you hire an experienced personal injury lawyer, they will guide you step by step through the legal process of getting the financial restitution you are owed so that you can focus on healing. Your attorney will inform you of your rights and what options are available to you, allowing you to make the best decisions for yourself and your family after a devastating accident.

Why Work with the Palmer Law Group

Our experienced Topeka, KS, premises liability attorneys can provide your family with comprehensive representation through settlement negotiations and litigation. When you’re facing negligent business owners with large legal teams, you need someone on your team who you can trust to protect your best interests and fight for the best outcome possible. Here’s what our clients have to say:

“Palmer Law attorneys are approachable, quick to respond to inquiries, and take the time to explain processes in detail. I recommend their services.” — Deidre Hart, April 2020

“My husband and I couldn’t be happier with the service we received from the Palmer Law Group. We will be forever grateful for them helping us through our legal matter.  We would highly recommend them to anyone needing legal advice.” — Shelley Johnson, October 2020

Types Of Premises Liability Lawsuits

There are many different types of premises liability lawsuits that can be filed when a property owner’s negligence causes injury. Essentially, if you’re hurt in any way on someone else’s premises, you may be able to file a lawsuit if you have evidence that the owner or manager failed to keep their grounds reasonably safe for visiting patrons or guests.

Some of the most common legal actions in this category include:

Slip and fall lawsuits. A slip and fall occurs when a property owner neglects to keep their premises free of spills, clutter, or other hazards and patrons come into contact with them. A common example is failure to warn of a wet floor after mopping.

Drowning accidents. If a property owner fails to keep their pool gated off or doesn’t provide adequate supervision for people using the property, and someone drowns, they may be held responsible. This includes both public bodies of water and pools at private residences.

Animal attacks. Property owners also have a responsibility to warn of dangerous animals and to keep dogs and cats from getting loose. For example, if a vicious dog gets out of its yard and bites a child, the property owner may be liable for not maintaining a safe barrier between the dog and the public at large.

Negligent security lawsuits. If someone is assaulted in a place of business, such as a hotel or nightclub, the property owner(s) may be held liable for neglecting to have adequate security on the premises.

Workplace injuries. Employers also have a responsibility to keep their workplaces free of hazards or to reasonably warn employees of hazards that do exist. If an employee is injured on the property during their work shift, both the manager and the building owner might be the subject of a premises liability lawsuit.

How to Prove Fault in a Topeka Premises Liability Case

For your premises liability case to be successful, you must be able to prove several elements of fault. This includes the following four elements:

• You were owed a duty of care. You must establish that the person or business responsible for your injury owed you a duty of care. For example, shop owners owe a duty of care to their patrons to ensure their establishment is reasonably free of safety hazards.
• The defendant breached their duty of care. You must also show that the person or business liable for the incident breached their duty of care. Using the above example, you would need to illustrate how the shop owner knew of a hazard or should have known about it but failed to address the situation in a reasonable manner.
• Injury. You will need to prove that you were injured as a direct result of the safety hazard the liable party failed to mitigate, such as if a neglected spill caused you to slip and fall. This may require you to show evidence of the accident, such as video surveillance footage or eyewitness accounts as well as medical records that indicate the severity of your injury and necessary treatment.
• Damages. Finally, you will need to establish that you suffered damages as a direct result of the incident. This includes medical expenses, time away from work, and proof of physical and/or emotional suffering. If your loved one has died in a premises liability accident, you can also be reimbursed for funeral expenses, future wages, and loss of consortium.

The Palmer Group can help you gather compelling evidence to prove that the owner of the property you were injured on was negligent and that they are responsible for the damages you and your family suffered as a result.

Frequently Asked Questions (FAQ) About Premises Liability Lawsuits

Is there a statute of limitations on premises liability lawsuits in Kansas?

Kansas Statutes section 60-513 states that you have a maximum of two years to file a lawsuit for to an injury related to premises liability. The two-year timeline begins on the date the injury occurred. This statute of limitations covers a broad range of situations, including personal injury and property damage resulting from an accident on someone else’s property.

What does a premises liability lawsuit cover? 

If you win a premises liability lawsuit, you can receive financial compensation for your medical bills, lost wages you incurred from being out of work, and emotional or psychological suffering you endured. If a judge thinks the at-fault party acted purposely or was seriously negligent, you may also receive compensation for punitive damages. This means the court is “penalizing” the person responsible for your injuries.

What does “comparative negligence” mean? 

According to Kansas Statutes section 60-258a, even if you are partially “at fault” for your injury, you may still receive damages. As long as the court does not place your percentage of liability at more than 50 percent, the property owner can still be required to provide financial compensation for a portion of your damages.

Get Competent Representation from Our Topeka Premises Liability Lawyers Today

Don’t hesitate to reach out for legal help after you or a loved one has been injured on someone else’s property. What might seem like “just an accident” could be the result of a property owner’s negligence and you may be able to obtain compensation to help cover medical bills and lost wages.

Acting quickly can secure your right to the financial restitution you need to take the next step after a premises liability accident injures you or a loved one.

Bringing a lawsuit forward can also help prevent other people from getting hurt by the same careless actions that hurt you. Contact our office today to schedule your free initial consultation appointment at (785) 233-1836.

Attorney LJ Leatherman

LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]