St. Louis Premises Liability Law Firm
What You Need to Know About Missouri Premises Liability Law
Property owners are legally obligated to maintain their premises in such a way that it does not pose a hazard to visitors. When a dangerous condition does exist, a property owner is required to warn visitors of the dangerous condition and to fix the problem within a reasonable amount of time. When a property owner fails to meet these obligations, he or she may be held liable for any injuries that may occur in a slip and fall on the property in Missouri.
Missouri Property Owners’ Duties
One way that liability is determined in Missouri is the level of duty a property owner owes the victim. There are three types of visitors on Missouri properties:
- Invitee: This is someone who is invited onto the property. Examples of invitees include a customer in a retail store, a member of a church, a postman delivering mail, inspectors examining a property and a patron in a parking lot.
- Licensee: This is a social guest who is allowed on the property by the owner. Property owners are required to warn licensees about potential dangers, but they are not necessarily required to fix the hazardous conditions.
- Trespasser: This refers to an individual who does not have permission to be on the property, such as a burglar.
These distinctions are important to make because someone who is legally on a property is more likely to be able to pursue compensation for any fall injuries suffered. There are circumstances in which a trespasser may pursue compensation, but those cases are few and far between.
Duty Owed to Children
Under Missouri law, children are owed a higher duty of care. Children trespassing, for example, have a better chance of receiving compensation if they are injured by a hazardous condition on the property than a trespassing adult. Additionally, property owners have a heightened obligation to warn children about dangerous conditions.
Civil Litigation in Missouri
Civil litigation is when one person takes another person to court for the damages they have suffered. Missouri personal injury claims, for example, can help an injured motorist hold a negligent car driver accountable for a car accident. A wrongful death claim can help a family pursue compensation for the loss of a loved one. A product liability claim allows an injured victim of a defective product to hold the manufacturer of that faulty product liable.
When someone is injured because of a hazardous condition on another person’s property, he or she may file a premises liability claim to hold the property owner responsible for the damages suffered. The injured victim will have to prove:
- The property owner owed the victim a duty of care
- The landowner was negligent in some way
- That negligence led to an accident
- The victim suffered either a physical, mental or financial loss because of the property owner’s negligence
Premises liability laws can be complex and difficult to comprehend. Our experienced St. Louis personal injury attorney can help you and your family understand your legal rights and options. Let us review the circumstances of your case and help you determine if a premises liability claim is the best way to pursue compensation for your injuries, damages and losses. Call us today at (314) 322-8515 for a free and comprehensive consultation.