Kansas Premises Liability Lawyers

Premises liability is the area of law that holds property or premises owners responsible and liable for any injuries sustained by any person who is on their property or premises at the time of injury.

According to premises liability law, a person “possesses” land or premises when:

• The person is in occupation of the land with intent to control it, or
• The person has been in occupation of the land with intent to control it, if no other person has subsequently occupied it with intent to control it, or
• The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.

Once this has been established, it must be determined if the person who was injured on the property was one of the following:

• Invitee (someone who is invited to enter or remain on the premises for business or commercial reasons) – The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees.
• Licensee (someone who is invited to enter or remain on the premises for personal reasons. For example, a guest in your home.) – There are several conditions that determine whether a possessor is liable for the physical harm caused to a licensee, but they typically are.
• Trespasser (someone who was not invited to enter or remain on the premises) – The possessor has no duty to warn of danger to any unknown trespassers. If the possessor knows of a trespasser, they should exercise ordinary care towards the trespasser, but may still not be liable for any injuries.

Depending on where you were injured, who was responsible and what type of “visitor” you were in the situation, then can a case be filed against the negligent parties.

The laws surrounding premises liability are very particular and complex. When filing a premises liability claim, it is best to have the experience and expertise of a Kansas premises liability lawyer on your side. Please contact one of our premises liability lawyers at Prochaska, Giroux & Howell for your free and confidential consultation.