Premises Liability
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Case Details
In Hembree, we confirmed through the appellate process that the “Mode of Operation Rule” applied in Kansas. Following our appeal, the rule became part of the Pattern Instructions Kansas 4th, Jury Instruction 126.05. This allows for a jury instruction that when a business adopts a mode of operation in which a dangerous condition could regularly occur and the owner fails to use reasonable measures to discover and remove it, an injured person can recover their damages.
Additional Notes
Confirmed the 'Mode of Operation Rule' in Kansas, allowing injured persons to recover damages when a business fails to address dangerous conditions.
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