Dangerous property

Amick Law Firm LLC
Attorney Brian J. Amick has twenty-three years of experience handling dangerous property cases involving serious personal injury and wrongful death
102 E. 125th Place
Kansas City,MO
Phone: 816-305-6211

Personal Injury – Wrongful Death on Dangerous Property

Individuals are often seriously injured or killed on the dangerous property of another person or business.  The injured person or their loved ones may be able to recover compensation for their injuries or death from the owner or possessor of the dangerous property. Some common types of dangerous property cases include :

  • Slip and Fall. A supermarket fails to mop up a wet floor, creating a dangerous condition, and a customer slips and falls as a result.
  • Inadequate Maintenance. A land owner fails to maintain the property in such a way as to avoid injury to the public, such as when a falling tree branch creates a dangerous property condition and injures a passerby.
  • Carbon monoxide poisoning.  Faulty furnaces or generators can cause serious injury or death.
  • Defective Conditions. A store owner fails to repair or warn of a dangerous property condition on the premises, such as a broken staircase.
  • Inadequate Security. A parking structure company fails to install adequate lighting creating a dangerous property condition or warn patrons about dangerous criminal activity taking place on the premises.
  • Injuries caused by animals/dog bites.  Vicious or biting dogs can create a dangerous property condition.  Other types of animal liability are cattle or other animals on the road, brown recluse bites or even bedbug infestation creating a dangerous property condition.

If a person is injured on the dangerous property of another, a court will impose liability on the property owner or possessor under premises liability law if (1) the property owner or possessor owed the injured person a duty of care and (2) the property owner or possessor breached that duty of care. Whether the property owner or possessor owed the injured person a duty of care, as well as the extent of care owed, depends on the relationship between the person owning or holding the property and the injured person.

An invitee is a person who is invited upon the property in order to conduct business with the possessor. For example, shoppers are invitees of department stores because the department store welcomes shoppers to purchase merchandise on its premises. Typically, possessors of property owe invitees the highest duty of care. In many states, property owners or possessors must regularly inspect the premises to detect unsafe conditions and to promptly repair or warn invitees about such conditions.

A licensee is a person who is present for a non-commercial, non-business purpose at the consent of the possessor of the property, such as a social guest at someone’s residence. Several states hold that a possessor of premises owes the same or similar duty of care to licensees as invitees.

Property owners owe the lowest duty of care to trespassers. Typically, property possessors have no duty to warn trespassers of dangers naturally occurring on the premises, such as quicksand. However, if the possessor is aware of the trespasser, then usually a duty arises to warn the trespasser of dangerous, man-made conditions on the property, such as an electric fence that emits a lethal shock.

However, if a child trespasses on land, the property owner or possessor owes a higher duty to warn, repair, and protect from harm, since children are less able to detect dangers because of their youth and inexperience.

If an employee is injured at work on the employer’s property, worker’s compensation law may apply rather premises liability law.  However, it may be possible to bring suit against a co-employee and pursue the businesses liability insurance.

Brian has a proven track record of success in serious personal injury and wrongful death cases.  Although many of Brian’s cases settle out of court, he must be ready to go to trial if it is necessary to get justice and achieve a fair result.  While no amount of money can bring back our clients’ health, getting our clients full and fair financial compensation for their injuries allows them to focus their energy where it should be – on healing and recovery.

If you or a loved one are currently struggling with a serious personal injury or if you have lost a loved one from an accident involving dangerous property, contact us for a free case review.  If we take your case we will front all costs and will work on a contingency fee, meaning that you won’t pay any attorneys’ fees unless and until there is a settlement or verdict in your favor.