When dangerous conditions cause a person to become injured on someone else’s property, the victim can pursue a premises liability claim. Slip and fall accidents and swimming pool accidents are just a few of the premises liability accidents that can cause devastating injuries.
You may be entitled to compensation if you or your loved one have been seriously injured in a premises liability accident in Missouri. Victims can pursue compensation for medical expenses, lost income, pain and suffering, and other damages through a personal injury lawsuit. The attorneys at Privette Law Office are prepared to help you understand your legal rights. We have a proven track record of recovering substantial compensation for personal injury victims in Missouri.
Understanding Missouri’s Premises Liability Laws
According to Missouri premises liability law, property owners and businesses are obligated to keep their premises reasonably safe for lawful visitors. They may be held responsible for injuries if they fail to identify and address hazards that could lead to harm or at least provide adequate warnings. These hazards can include:
- Wet or slippery floors
- Dangerous staircases or steps
- Debris or cords in walkways
- Broken or loose stair railings
- Potholes
- Broken tiles
- Icy or slick steps
- Dark passages
- Dangerous parking lots or stairwells
- Malfunctioning elevators or escalators
- Dangerous swimming pools
Property owners, managers, and individuals with authority over a site can be held responsible for inadequate security measures, like poor lighting or insufficient surveillance cameras, which may facilitate a criminal attack on their premises.
Proving Liability Under Missouri Premises Liability Laws
Recovering compensation for a premises liability injury requires the injured victim to prove several elements in a civil lawsuit. For example, the injured party needs to prove that they were an invitee or licensee when the incident occurred. Invitees enter the property to benefit the owner or person who controls the property, such as a retail store customer or restaurant patron. Property owners owe invitees the highest duty of care. They must make reasonable inspections of their property to identify hazards and either fix them or warn people about them.
Licenses are for visitors who are on the property for their own purposes but not for the benefit of the property owners, such as for their own enjoyment or work. An example could be a utility worker repairing a powerline in a neighborhood. Property owners have a duty to warn licensees about known dangers but are not liable for hazards about which they don’t have actual prior knowledge.
Accidents Involving Swimming Pools and Trampolines
Property owners don’t owe a duty to trespassers unless they have swimming pools or trampolines that may entice children to sneak onto their property and put them at risk of injuries. In addition to proving the property owner owed you a duty of care and breached that duty by their negligence, you’ll also need to prove that the accident caused your injuries and subsequent damages. Swimming pool accidents can lead to drowning, especially when children fall into the pool due to a lack of fencing or supervision. Slip and fall accidents can also happen around unmonitored swimming pools.
Types of Injuries from Premises Liability Accidents
When property owners fail to make adequate repairs to their property, victims can suffer many types of injuries, ranging from bruises and cuts to more serious brain injuries. Hazardous conditions, such as wet floors or uneven surfaces, can cause slip-and-fall accidents, which can cause broken hips, neck and back injuries, and brain injuries.
Negligent security practices can result in preventable assaults or robberies. For example, if the owner of an apartment complex is aware that assaults have been happening in their parking lot, they have a duty to implement reasonable security practices. Security measures could include adequate lighting, security cameras, and hiring security professionals. Victims of assault can face devastating physical injuries and mental health challenges from the assault.
What to Do If You’re Injured on Another Person’s Property
If you’ve been injured on another person’s property, it’s essential to take steps to protect your legal rights. The most important step is to immediately seek medical attention for your injuries, even if they seem minor. Some medical conditions may not be immediately apparent until hours after the accident, when the shock and adrenaline begin to fade. If you can do so safely, document the scene by taking photos of any hazards that contributed to the accident and your injuries. Write down the contact information from witnesses.
Report the incident to the property owner or manager and request they document the accident. Keep a record of your related expenses, including medical bills and any lost wages from being unable to return to work. Finally, you’ll benefit from contacting a Southern Missouri premises liability attorney to discuss your situation and understand your legal options. They can guide you through filing a claim and help you seek the compensation you may be entitled to for your injuries.
Victims of premises liability accidents can pursue economic and non-economic damages. Economic damages include easily quantifiable expenses such as current and future medical expenses, property damage, durable medical equipment, etc. Non-economic damages include compensation for the pain and suffering caused by their injuries. Victims who are no longer able to work because of their injuries can pursue compensation for disability benefits.
Contact a Southern Missouri Premises Liability Attorney with Questions
Premises liability cases can be complex. The premises liability attorneys at Privette Law Office can handle every aspect of your case while you focus on your recovery. We have the experience, skills, and resources to advocate effectively for personal injury victims. When you choose our firm to represent you, we will immediately evaluate your case, gather evidence, and consult with experts when necessary. Contact the Privette Law Office to schedule a case evaluation.