Were you hurt after stepping onto someone else’s property and encountering a dangerous condition? At Foster Wallace, we want you to know that property owners have a legal responsibility to ensure the safety of visitors on the premises.
When they neglect this duty and fail to uphold the standard of care, people like you can end up sustaining injuries that aren’t your fault. While we can’t go back in time and undo the damage that was done, we can represent you as your Raytown premises liability lawyer.
With over 45 years of combined experience advocating for clients as their Raytown personal injury lawyer, we’ve recovered more than $1 billion in compensation for victims like you. We’re ready to advocate for you and fight for your rights.
Missouri’s Premises Liability Law
Missouri law requires property owners, managers, and occupiers alike to take reasonable steps to ensure their properties are safe for lawful visitors. The Missouri Premises Liability Act outlines the duties owed to individuals on a property.
However, the duty of care that is owed to someone will depend on the type of visitor they are classified as under state law. Let’s take a look at the three categories that Missouri laws classify visitors into:
Invitees
These are individuals who are on the property for business purposes, such as customers in a store or clients visiting a business office. Property owners owe invitees the highest duty of care.
This means that the owner must regularly inspect the premises for hazards and repair any dangers that are present. If they cannot fix them in a timely manner, they must warn invitees of them in the interim.
Licensees
Licensees are people who have permission to enter the property for non-business purposes, such as social guests or friends visiting a private home. While property owners still owe a duty of care to licensees, the duty is less stringent than the level of care owed to invitees.
Even so, property owners must warn licensees of any and all known dangers. That said, they do not have an obligation to inspect for hazards.
Trespassers
These are individuals who enter the property without first receiving permission. Generally speaking, property owners do not owe any duty of care to trespassers, though they cannot intentionally harm them or create hazards that are likely to injure trespassers.
If the trespasser is a child, the property owner may have additional responsibilities under the “attractive nuisance” doctrine. This is a law that holds owners accountable if any dangerous conditions on their property could pique the interest of children.
Determining which category the injured person falls into is important because their classification can impact the standard of care expected from the property owner. It will also influence the likelihood of recovering damages if the individual files a premises liability claim.
Common Types of Premises Liability Accidents in Raytown
Premises liability cases can involve a wide range of accidents. Let’s take a look at frequently occurring types of premises liability incidents.
Slip and Fall Accidents
A slip-and-fall accident is a common kind of premises liability case. These incidents usually occur when people slip or trip on wet, icy, or uneven surfaces.
In Missouri, property owners must take steps to address hazardous conditions like spills, loose floor mats, or icy walkways in a timely manner. Failure to do so can result in the property owners being held liable for the incident.
Falling Objects
Property owners must ensure that everything on their property is properly secured. If they don’t, an item such as a poorly stacked shelf in a warehouse or an unsecured display in a store could fall and injure someone. Then, the property owner could be held liable for the resulting injuries.
Dog Bites
Missouri has strict laws regarding dog bites. Property owners may be held responsible if their dog attacks someone on their property, especially if the dog has a history of aggression.
Missouri law requires owners to take necessary precautions to prevent injuries from dangerous dogs. Failure to do so could mean the dog owner is responsible for any injuries the dog causes to other people.
Swimming Pool Accidents
Many premises liability claims involve swimming pool accidents, including drownings, slip-and-fall accidents, or injuries from poorly maintained pool equipment. Property owners with swimming pools have a heightened duty to ensure the safety of visitors.
They are also expected to follow all safety regulations set by both state and local governments.
Poorly Maintained Stairs or Ladders
Improperly maintained stairways or ladders are another common cause of premises liability claims. Faulty handrails, uneven steps, or poorly lit areas can contribute to falls and serious injuries.
When the public uses the stairs and ladders in question, property owners have a duty to maintain them to a safe standard.
Elevator and Escalator Injuries
If an elevator or escalator malfunctions and someone gets hurt, the building’s owner or operator may be held responsible. Regular maintenance and proper inspection of these devices are required by law in an effort to prevent injuries from occurring.
Contact our Kansas city personal injury lawyers now.
Proving Negligence in Premises Liability Cases
To succeed when pursuing a premises liability lawsuit, the injured party must prove that the property owner or occupier was negligent. Negligence means that the property owner failed to meet the duty of care owed to the visitor, resulting in the accident.
To prove negligence, Raytown premises liability attorneys must demonstrate the following elements:
- Duty of care: The property owner owed a duty of care to the injured party based on their status, whether that be an invitee, a licensee, or a trespasser.
- Breach of duty: The property owner breached the duty of care that they owed by failing to maintain the property safely or warn visitors of potential hazards.
- Causation: The breach of duty directly caused the accident or any injuries that stemmed from it. The injured party must show that the accident would not have occurred if the property owner had maintained the property properly.
- Damages: The injured party must have suffered actual damages, such as physical injury, medical expenses, lost wages, or emotional distress, as a result of the incident.
Contact Our Premises Liability Attorneys in Raytown for More Information About What We Can Do For You
If you’ve been hurt on someone else’s property due to unsafe conditions, you might be entitled to compensation. Property owners are legally obligated to keep their premises safe, and when they fail to do so, serious accidents and major injuries can arise.
At Foster Wallace, our Raytown premises liability lawyers are here to guide you through the legal process, protect your rights, and fight for full compensation. If you’ve been injured because of another person’s negligence, don’t wait. Schedule a consultation with us today to learn what we can do for you—it’s your injury, but it’s our fight.
