Were you hurt after stepping foot on someone else’s property and encountering a hazardous condition? As your Lee’s Summit premises liability lawyer, we want you to know that property owners are legally obligated to maintain their premises.
You should be able to trust that you are safe on someone else’s property. When owners fail to uphold this level of responsibility, people like you can get injured. At Foster Wallace, we know that premises liability cases can leave victims feeling lost, frustrated, and uncertain.
But we’re here to tell you that you don’t have to face the aftermath of the incident all by yourself. With more than 45 years of combined experience representing clients as their Lee’s Summit personal injury lawyer, we’ve helped recover over $1 billion in compensation.
Common Causes of Premises Liability Injuries in Lee’s Summit
Premises liability cases stem from various dangerous conditions that property owners fail to address promptly. Let’s take a look at some common causes of premises liability incidents.
Slip and Fall Accidents
Slip and fall accidents are very common premises liability claims in Missouri. These accidents occur when wet floors, uneven pavement, loose carpeting, or icy sidewalks create hazardous conditions.
Businesses, homeowners, and landlords must address slipping hazards promptly, particularly after rainfall or snow storms in Missouri’s cold winter months. According to state laws, property owners must regularly inspect their premises to ensure that walkways and floors remain safe.
Otherwise, they could be found liable for the accident. For example, if an unmarked spill in a grocery store, a loose step in an apartment building, or a hidden pothole in a parking lot leads to an injury, the owner or manager may be held responsible.
Inadequate Security
Missouri law requires certain properties—such as apartment complexes, hotels, parking garages, and shopping centers—to implement reasonable security measures. Let’s say a property owner fails to provide adequate lighting, surveillance, or security personnel.
In that case, they may be liable for injuries resulting from assaults, robberies, and other criminal acts. For instance, if an apartment complex has a history of burglaries or assaults, the landlord must take reasonable steps to improve security.
This can look like installing cameras, hiring security guards, or fixing broken locks. If a tenant or visitor is harmed due to foreseeable criminal activity, the property owner could face legal consequences.
Dog Bites and Animal Attacks
Missouri follows a strict liability rule for dog bites. This means a dog owner can be held liable if their dog bites or attacks another person, regardless of whether or not the dog showed any previous signs of aggression.
Some states require proof that the owner had prior knowledge of the dog’s dangerous tendencies. However, state laws in Missouri automatically hold the owner responsible if the victim was on public property or lawfully on private property at the time of the attack.
Swimming Pool Accidents
Drownings, slip and fall incidents on wet concrete, and diving accidents can all result in serious injuries. Sometimes, they can even lead to fatalities. That’s why Missouri law requires property owners to secure swimming pools with appropriate fencing, gates, and safety features.
This is intended to prevent unauthorized access to the swimming pools, especially by children. If a property owner fails to maintain pool decks, install anti-slip surfaces, or post warning signs about shallow diving areas, they could be held liable for pool-related injuries.
Public pools, hotels, and apartment complexes must also ensure that lifeguards or proper safety equipment are available.
Structural Hazards and Building Code Violations
Buildings that do not meet Missouri’s safety and building codes can pose major risks to residents, tenants, and visitors alike. These are examples of common structural hazards that can lead to premises liability claims:
- Collapsed staircases or railings
- Faulty electrical wiring leading to fires
- Ceiling or roof collapses
- Mold, asbestos, or toxic exposure
- Defective elevators or escalators
Property owners must comply with Missouri’s building codes, which are enforced by local municipalities. If an injury results from a code violation, the property owner may be found liable for their negligence.
Falling Objects
Falling objects pose a significant risk to visitors and workers in retail stores, warehouses, or construction zones. Overstocked shelves, improperly secured equipment, or loose construction materials can lead to severe head, neck, and back injuries.
Missouri law requires businesses and commercial property owners to follow safety protocols to prevent merchandise, tools, or debris from falling onto customers or workers. Failure to take reasonable precautions could mean the property owner is responsible for any resulting injuries.
Liability and Duty of Care Under Missouri Law
Missouri premises liability laws classify visitors into three main categories:
- Invitees
- Licensees
- Trespassers
The level of responsibility a property owner owes to a visitor depends on this classification.
Invitees
An invitee is someone who enters a property either for business purposes or for the mutual benefit of both parties. Customers in stores, guests at hotels, and patrons at restaurants are considered invitees.
Property owners owe the highest duty of care to invitees in the following ways:
- Regularly inspecting the premises for hazards
- Fixing dangerous conditions promptly
- Providing proper warnings for known risks
Licensees
A licensee is someone who enters a property for social or non-business purposes, such as a house guest or a family friend. Property owners must warn licensees of any known dangers, such as loose stairs, uneven flooring, or hazardous conditions.
Trespassers
A trespasser is someone who steps foot on a property without permission. Property owners generally do not owe a duty of care to trespassers, except in specific situations such as circumstances involving child trespassers.
Property owners must take precautions to protect children from hazardous conditions that may attract them, such as swimming pools, abandoned vehicles, or construction sites. If a property owner fails to secure a dangerous condition, they could be held responsible for any injuries.
Contact our Kansas city personal injury lawyers now.
Comparative Fault Rule in Premises Liability Cases
Missouri follows a pure comparative fault system, which means that even if an injured party is partially at fault for their accident, they can still recover compensation. However, their total damages will be reduced based on their percentage of fault.
For instance, let’s say someone falls in a poorly lit parking lot, though they were also looking at their phone at the time of the incident. In that case, a court might find them 20% at fault for the injuries they sustained after tripping and falling.
Then, if their damages amount to a total of $100,000, they would only be legally able to recover $80,000 after their 20% share of the fault was taken into consideration. This is why it’s important to hire Lee’s Summit premises liability lawyers who can clearly establish liability.
Reach Out to Our Premises Liability Attorneys in Lee’s Summit for More Information Today
If you’ve been hurt due to a property owner’s negligence, you may be entitled to compensation. Even though premises liability cases can be complicated, a premises liability attorney in Lee’s Summit can help you understand how fault plays a role in your recovery.
Whether it’s a slip and fall, a dog bite, or a hazardous condition, property owners are required to keep their premises safe. If they don’t, they can be held accountable, and we can help you do exactly that. Contact Foster Wallace today to learn more about how we can help. Your injury. Our fight.
