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) 688-1166 today to set up your free case evaluation today.