What Are Common Types of Premise Liability?
Every year, countless Missouri residents suffer severe injuries because property owners fail to address their properties’ hazardous conditions. These oversights or negligent acts can cause debilitating injuries, resulting in thousands of dollars in victims’ medical care.
These kinds of personal injury cases are referred to as premises liability. When someone is injured on someone else’s property, Fortunately, Missouri provides injured parties an opportunity to hold the property owner, manager, or occupants liable for medical expenses, pain and suffering, and more following an accident.
Most Common Types of Premise Liability
Premise liability accidents can occur on residential or commercial properties. Some of the most common examples of premises liability claims include:
Inadequate Security: A business is responsible for providing safe premises for employees or customers. Suppose someone is injured in a break-in, robbery, or vandalism incident. In that case, the business’s security comes under scrutiny, and the company might be liable for the injuries.
Obstructions: In a commercial or public setting, the property owner is responsible for keeping walkways clear and usable. The owner or manager on duty is obligated to warn patrons of overhangs and other obstructions.
Lack of Maintenance: Fixtures, appliances, and other common building elements can become dangerous when neglected. This type of claim can also occur when a safety system fails to function due to a lack of upkeep.
Slip-And-Fall Risks: Many thousands of people are injured each year when they slip or trip and fall on a wet floor, exposed electrical cords, defective stairs, or a rough patch of ground. With that being said, this is one of the most common premise liability types.
Animal and Dog Bites: Pet owners have a legal responsibility to prevent their dogs from hurting people or damaging property. So when a dog bites or attacks someone, the owner may owe the victim compensation for medical expenses, lost wages, and pain and suffering.
How to Prove Premise Liability
Though there are several circumstances where a premise liability claim is easily provable, and there are some indications of succeeding in your case. A victim must prove that a property owner was negligent concerning ownership or maintenance of the property. The level of care that the property owner owes to another, also called a “duty,” depends on if the victim was an invitee, licensee, or trespasser.
In Missouri, invitees and licensees are owed a duty of reasonable care for the safety of their visit. When you are attempting to determine fault in a premises liability case, you must prove that:
- The person in question owns the property.
- The accident was caused by the negligence or a wrongful act of the property owner
- Injuries were sustained due to the direct result of a negligent or wrongful act.
- The property owner knew about a defect or hazard and failed to address it or warn invitees.
- The injured individual was not aware of the danger and could not have noticed it in time to prevent injury.
- There was no property misuse by the injured party that increased their risk of injury due to the defect.
What Compensation Can I Receive for a Premise Liability Claim?
The carelessness of property owners can result in serious injuries or even death. Under Missouri law, a successful plaintiff in a premise liability case can recover damages caused by the defendant’s negligence. The value of a premises liability claim in Missouri is determined by the extent of the injuries suffered. In other words, victims who suffer from serious injuries often receive larger settlements than those who suffered minor injuries.
A lawyer will be able to precisely calculate how much you have lost financially, physically, and emotionally to determine what your case is worth. Losses typically considered in a civil lawsuit include all accident-related medical bills, rehabilitation fees, lost wages, and pain and suffering. However, it is expected for property owners to refuse responsibility for the accident, and the insurance company will deny reasonable claims. Victims often have to fight to receive compensation in premise liability cases, and having an experienced premises liability attorney on your side can expedite the process.
Protecting The Injured People of Missouri
If you have suffered injuries and believe the property owner should be held responsible for the damages, you will need experienced legal representation to assist you in filing a lawsuit to receive the compensation you are entitled to.
At Goss Law Firm, we know that many people in Missouri suffer from serious harm due to negligent and reckless property owners far too often. If you or a loved one have been injured due to others’ carelessness or negligence, our attorneys are ready to fight for you. Contact our office at 816-888-5000 to schedule your free, no-risk legal consultation.