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Property owners must provide adequate security to protect their guests from foreseeable harm.
If you were the victim of an assault on someone else’s property, the owner might be liable if they failed to take reasonable precautions to prevent the attack.
If a dog attacks and injures someone, the owner may be liable for damages from the injury victims. Damages could include medical bills, lost wages, and pain and suffering.
Swimming pool accidents
Property owners must ensure their swimming pool is safe and adequately maintained. This includes ensuring that there is no easy access for small children. Failing to take preventative measures may lead to premises liability claims if an injury occurs.
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 Partially 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 accident case to determine whether you will be held partially responsible.
Frequently Asked Questions
Is There a Limited Time Within Which to Sue?
The statute of limitations for premises liability claims in Missouri is 5 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.