After an injury on a public property in Missouri or Kansas, you may need the help of an experienced Kansas City public property injury lawyer. In these cases, you may be able to file a claim against the local, state, or federal government and demand compensation for your injuries. Such lawsuits depend on the extent of your injuries and the failure of the property owner to protect visitors. Dickerson Oxton, LLC has extensive experience in handling public property claims. Call (816) 368-5637 today to schedule a free review of your legal options.
The government, like all other property owners, has a responsibility to keep its premises reasonably safe for its invitees and other visitors. If it fails to properly maintain or assure a visitor’s safety, it may be liable for any damages that result.
Examples of Public Property Claims
There are a number of public property claims, but it’s important to understand the difference between municipal and private claims processes. The following may be examples of claims that could lead to suit against a local, state, or federal agency:
- Inadequate lighting or negligent security at a public university campus leads to a violent crime or injury.
- Improper lighting at a park during hours of operation leads to a trip and fall or slip and fall.
- Improperly maintained municipal sidewalks lead to a pedestrian injury.
- Faulty road design, poorly labeled construction areas, or lack of road maintenance leads to a car accident.
- A government employee is at fault for a car accident that occurs within the scope of his or her job duties.
The Differences in Municipal Claims
Claims against the government require an experienced and knowledgeable Kanas City public property injury lawyer, as they have many notable differences from other personal injury or premises liability cases in Kansas City. These include:
- A shorter time limit. In a typical personal injury case, the statute of limitations is three years. However, when filing a claim against the local or state government, you could be facing much shorter time limits. In some municipalities, these statutes of limitations could be as short as 30 days. Government claims rarely have a statute of limitations that extends beyond six months, so it’s essential to retain the services of a Kansas City injury attorney as soon as possible.
- Notices. Unlike other personal injury claims, you cannot simply file a suit within the appropriate court. Instead, your attorney must file a “notice of claim” to the government entity itself. This notice must include the person or entity that caused your injuries, as well as any other applicable claim guidelines. Failure to adhere to these guidelines could result in your claim dismissal.
- Immunity exceptions. In some cases, the government could be immune from liability. These rules vary greatly by state and even municipality. This highlights the need for immediate and knowledgeable legal representation.
Elements of a Government Claim
Though they may have different filing processes and procedures, municipal claims are like other premises liability and personal injury claims in that they hinge on the legal concept of negligence. In order to collect damages in a premises liability claim against a government entity, you and your Kansas City public property injury lawyer must show:
- That they owed you a duty of care;
- They breached that duty (i.e. committed negligence);
- Their negligence led to your injuries, and;
- You suffered damages as a result.
Dickerson Oxton, LLC | Kansas City Public Property Injury Attorneys
All cases are different and, because of the varying kinds of properties involved, different laws may be in play for your case. Call (816) 368-5637 and talk to our team for help with questions about property claims. We offer our services on a contingency-fee basis, which means you’ll only owe attorney’s fees if we obtain a settlement or court judgment on your behalf.