Understanding Premises Liability Claims

Premises liability claims arise when an individual suffers an injury due to unsafe or defective conditions on someone else's property. In Missouri, property owners have a legal duty to maintain a safe environment for those who enter their premises. If they fail to do so and someone gets hurt, the injured party may have the right to file a premises liability claim.

Critical Elements of a Premises Liability Claim

To successfully file a premises liability claim in Missouri, the following elements must be proven:

1. Dangerous Condition: A hazard or dangerous conditions exist on the property.
2. Reasonable Knowledge: A property owner, who must possess and control the premises, may be liable under premises liability laws if they knew or should have reasonably known about a dangerous condition
3. Failure to Remedy or Warn: The property owner failed to use ordinary care to remedy the dangerous condition or hazard or to warn individuals about the situation.
4. Damages: The injured party suffered actual damages (e.g., medical bills, lost wages, pain, and suffering).

Common Types of Premises Liability Cases

Premises liability can cover a wide range of incidents. Some of the most common types include:

• Slip and Fall Accidents: Often caused by wet floors, uneven surfaces, or obstacles left in walkways.
• Trip and Fall Accidents: Resulting from poorly maintained sidewalks, loose carpeting, or debris.
• Inadequate Security: Injuries caused by assaults or other criminal acts due to insufficient security measures.
• Dog Bites: Occurring on private property where the owner fails to control their pet.
• Swimming Pool Accidents: Including drownings or injuries from faulty pool equipment.
• Fire Hazards: Injuries from fires or explosions due to faulty wiring, lack of smoke detectors, or other safety violations.
• Exposure to Toxic Substances: Such as mold, lead, or asbestos in rental properties.

Legal Status of Visitors

In Missouri, the legal status of the injured person on the property affects the duty of care owed by the property owner. There are three primary categories:

1. Invitees: Individuals invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees.
2. Licensees: Individuals who enter the property for their purposes but with the owner's permission, like social guests. Property owners must warn licensees of known dangers.
3. Trespassers: Individuals who enter the property without permission. Generally, property owners owe no duty of care to trespassers except to avoid willful and wanton harm.

What to Do If You've Been Injured on Someone Else's Property

If you've been injured on someone else's property, taking the following steps can help protect your rights and strengthen your premises liability claim:

1. Seek Medical Attention: Your health is the top priority. Obtain medical treatment for your injuries and keep records of all medical visits and treatments.
2. Report the Incident: Notify the property owner or manager of the incident as soon as possible. Request that they document the report in writing.
3. Gather Evidence: Collect as much evidence as you can from the scene. Take photos or videos of the hazardous condition, your injuries, and any other relevant details.
4. Obtain Witness Information: If there were witnesses to the incident, get their names and contact information. Their statements can be crucial in supporting your claim.
5. Avoid Making Statements: Do not make any statements to insurance adjusters or sign any documents without consulting an attorney.
6. Contact a Premises Liability Attorney: Contact an experienced premises liability attorney to discuss your case and explore your legal options.

Why Choose Harper, Evans, Hilbrenner & Netemeyer?

Choosing the right law firm can make a significant difference in the outcome of your premises liability claim. Harper, Evans, Hilbrenner & Netemeyer is the right choice for you because our team of experienced attorneys has extensive experience handling premises liability cases and a deep understanding of Missouri law. We have a proven track record with a history of successful outcomes for our clients, securing substantial settlements and verdicts. Our personalized approach ensures that we treat every case with the individual attention it deserves, providing tailored legal strategies to meet your needs. Additionally, we offer compassionate support, understanding your challenges and committing to providing client-focused service. 

Contact Us Today

If you or a loved one has been injured on someone else's property, don't wait to seek legal assistance. Contact Harper, Evans, Hilbrenner & Netemeyer today to schedule a free consultation. Let us help you understand your rights and take the first step toward securing the compensation you deserve.