Whenever you are a welcomed guest on someone else’s property, that
person must take reasonable steps to prevent you from being injured by
unreasonable or neglected hazards. This is known as the property controller’s
duty of care, or legal obligation to provide a safe environment to visitors
and patrons. Homeowners, business owners, and managers on the clock at
a public or retail business have a duty of care at all times when someone
else is on the property.
As with many lawsuits and injury claims, the details are really what makes
or breaks a case. Unfortunately, much of the definition of duty of care
is vague or ambiguous. Just what is “reasonable” or “unreasonable”?
As far as a premises liability case goes, a hazard should have been “reasonably”
known to the property controller if it was in an area regularly trafficked
by either someone who works or lives there, or anyone who is permitted
to enter the area. For example, a puddle of soda pop on an aisle in a
retail store is “unreasonable” because someone should have
known about it – either the manager themselves or an employee – readily.
On the other hand and in another example, if the floor of the same store’s
backroom was wet, there would likely be more leniency because A) employees
might only go back there once an hour or less and B) the area is cordoned
off from the public. However, if there was evidence to suggest that the
puddle in the backroom was there for quite a while and never addressed,
such as a leaking pipe above it, it could fall right back into the “unreasonable”
category. Additionally, if the backroom had no signs to suggest that it
was for “employees only”, a patron who slips on a fresh spill
there would still have grounds for a premises liability case.
Personal Injury Representation in Kansas
If you have been hurt on someone else’s property in Kansas, allow
our Wichita premises liability attorneys to help you with your case and
claim. We would be happy to sort through the details of your accident,
whether you slipped and fell, got hit by a falling product, or suffered
any other injury that should have been preventable. Call
316.313.4730 today to set up your
free case evaluation today.