Types of Properties Where Premises Liability Cases Occur
Premises liability incidents can happen at a variety of properties, including:
Property owners owe a duty of care to take reasonable precautions to prevent injuries on their premises. However, this duty is often neglected, and when innocent people are injured through the property owner’s negligence, there is a potential claim for premises liability.
What Are the Elements of Premises Liability in Missouri?
Four elements need to be present to have a successful claim in Missouri:
- The property owner must have been in possession of the premises or property the injury or accident occurred on.
- The victim must have been an invitee or licensee on the premises.
- There must be some wrongful act or negligence by the property owner.
- The wrongful act or negligence must have resulted in some injury to the victim.
Who Can Be Sued for Premises Liability?
Any party that played a role in creating the negligent situation that led to your injuries in a premises liability claim can potentially be sued. This includes the property owner, the renting party, a leaseholder, or any party lawfully occupying the property.
What if the Victim Was Partial to Blame for the Accident?
Missouri’s premises liability laws adopt the principle of contributory negligence, which means that where the victim was, for example, 20 percent to blame for the accident, their claim would be reduced by 20 percent. The premises owner would be liable for the other 80 percent.
A lawyer can evaluate your premises liability case to determine whether you will be held partially responsible.
What Damages Can You Recover in Premises Liability Cases?
If you’ve been injured due to someone else’s negligence, you may be entitled to compensation for your damages. These can include:
Medical expenses, such as hospital bills and doctor fees
Pain and suffering
The damages you can recover in a premises liability case depend on the severity of your injury, the amount of negligence on behalf of the property owner, and other factors.
How Can BWO Attorneys Help?
Buchanan, Williams & O’Brien has served Missourians for almost 40 years and is a tried and trusted premises liability law firm. Our reputation has been built on our dedication to treating clients courteously and respectfully.
If you’ve been injured on someone else’s property, you may benefit from the extensive experience held by our statewide team of lawyers.
As premises liability attorneys, we focus on holding property owners accountable for their reckless conduct or negligence, allowing the injured party to concentrate on rest and recovery.
As experienced and astute lawyers, we first investigate the incident and determine the exact cause of the damage before pursuing a compensation claim on your behalf.
If that is in your best interests, we will pursue fair compensation for your claim and try to negotiate with the liable parties.
Call your personal injury attorney today for a free consultation if you are a victim. All information is kept confidential under our attorney-client relationship.
Contact us for more information.
Frequently Asked Questions
Is There a Limited Time Within Which to Sue?
The statute of limitations for premises liability claims in Missouri is five years. This means that if you do not sue within this time frame, you will probably not be able to.
An experienced Springfield premises liability lawyer might be able to assist you if you are within five years of the statute of limitations and believe you have grounds for a claim.
What is the Largest Amount Awarded for a Slip-and-Fall Accident Claim?
More than 20 million dollars was awarded to an older woman who slipped on the wet floor of a hotel lobby. She was seriously injured, and the case went to trial. The jury concluded that the hotel was liable for her injuries as they had failed to warn their guests of the danger.
Slip-and-fall out-of-court settlements are significantly higher than other settlements for personal injury cases. They illustrate why it’s vital for businesses to ensure their premises are safe for visitors. Property liability claims can be avoided with preventative measures such as warning signs about slippery surfaces, proper lighting, and surface matting in potentially dangerous areas.
If you own a property, regularly check the premises, and effect necessary repairs promptly. Doing so can prevent accidents and save you in potential legal costs.