Premises Liability Lawyer
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As you search for an attorney to represent you in your premises liability claim, you want someone who is experienced in this complex area of personal injury law. In general, premises liability cases require proving that a property owner failed to take reasonable care to protect people lawfully on their property from dangerous conditions. An experienced premises liability lawyer understands the nuances in these cases – like differences in standards for invitees, licensees, and trespassers. They know how to build a strong case by gathering evidence, identifying liable parties, calculating damages, and negotiating aggressively for a favorable settlement or trial verdict. Choosing the right lawyer is critical. Our experienced lawyers at Monsees & Mayer have a proven record of success in premises liability cases. They will evaluate your situation and advise you on the best path forward to recover the maximum compensation for your injuries.
Do You Have a Premises Liabilty Lawsuit?
Premises liability refers to the legal responsibility of property owners and occupiers to maintain a safe environment for individuals on their property. This includes ensuring that the property is free from hazardous conditions that could cause harm to visitors, tenants, or customers. In Missouri, premises liability laws outline the duties of property owners and the rights of individuals who are injured on their property.
Statute of Limitations
- Missouri: Personal injury claims must be filed within five years of the incident.
- Kansas: A shorter window of two years applies, necessitating prompt legal action.
Comparative Fault
- Missouri follows a pure comparative fault system, meaning that an injured party’s compensation will be reduced by their percentage of fault. For example, even if a victim is found to be 99% responsible for their injury, they can still recover 1% of the amount awarded.
- Kansas follows a modified comparative fault rule, where victims can only recover damages if they are found to be less than 50% at fault for their injury.
Caps on Damages
Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.
Premises Liability Compensation
You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages related to your injury. The specific compensation will depend on the details of your case and injury. An experienced premises liability lawyer can help determine what damages you may be owed.
Elements of a Premises Liability Case
In Missouri, a premises liability case typically requires the injured party to prove the following elements:
- Dangerous Condition: There was a dangerous condition on the property that posed an unreasonable risk of harm to visitors.
- Reasonable Knowledge: The property owner or occupier knew or should have known about the dangerous condition.
- Failure to Remedy or Warn: The property owner or occupier failed to remedy the dangerous condition or provide adequate warning to visitors about the hazard.
- Causation for Injury and Damages: The dangerous condition directly caused the injury or harm suffered by the visitor, resulting in damages such as medical expenses, lost wages, pain and suffering, or other losses.
In Missouri, the status of the visitor plays a crucial role in determining the level of care owed by the property owner. Property owners are required to provide a reasonable level of care to both invitees and licensees. Invitees are individuals who are invited onto the property for a business purpose, such as customers in a store or restaurant, while licensees are individuals invited onto the property for social or personal reasons.
On the other hand, trespassers enter the property without the owner’s permission. As a result, property owners owe a lower duty of care to trespassers.
Understanding these elements is essential for both property owners and individuals who have been injured on someone else’s property, as they form the basis of premises liability claims in Missouri.
Types of Premises Liability Cases
Slip and fall accidents
One of the most common types of premises liability claims involve slip and fall accidents. Property owners have a duty to keep their premises reasonably safe and free of hazards that could cause slips or falls. If you slip and fall due to a dangerous condition like a wet floor, uneven pavement, or poor lighting, you may have a viable claim. The key is proving the property owner knew or should have known about the dangerous condition and failed to correct it.
Inadequate security
Property owners may also have an obligation to provide adequate security for their premises. If you are attacked or assaulted due to poor lighting, lack of security guards, or other security failures, you may have a claim against the property owner for failing to keep you reasonably safe. For example, if an apartment complex has a history of assaults but fails to increase security measures, they could be found liable for injuries to residents or guests.
Defective conditions
Dangerous or defective conditions on a property can also lead to accidents and injury. Things like broken handrails, damaged flooring or pavement, malfunctioning doors or elevators, etc. If a defective condition causes you to suffer harm, you may have grounds to pursue a premises liability claim, especially if the property owner knew about the issue but failed to make necessary repairs in a timely fashion.
Our Proven Results
Expectations From A Premises Liability Lawyer
A premises liability lawyer can provide critical guidance on the strength of your claim and represent you throughout the legal process. They will manage all communication with insurance companies and work diligently to pursue fair compensation for your injuries. A skilled attorney will conduct a thorough investigation of your accident, interviewing witnesses, reviewing medical and police records, inspecting the property where you were harmed, and identifying any violations of safety or building codes. Because liability can extend beyond property owners to include managers, contractors, or subcontractors, your lawyer will carefully analyze the details of your case to determine which parties are responsible and build a compelling argument that their negligence caused your injuries.
Damages in a premises liability case often include medical expenses, lost income, pain and suffering, and other related costs. Your attorney will review financial records and supporting evidence to calculate the full extent of your losses and demand fair compensation from those at fault. While most claims are resolved through negotiated settlements, your lawyer will handle discussions with insurers and other parties to secure the maximum amount possible. If a reasonable settlement cannot be reached, they are fully prepared to take your case to trial to fight for the justice and compensation you deserve.