What is premises liability, anyway? In Missouri, the term is used to describe the legal responsibility held by property owners for accidents that happen on their property. When a person fails to properly maintain the premises, notices a safety hazard and doesn’t fix it, or doesn’t warn visitors of the conditions, it can cause an accident. In these cases, the victim is entitled to compensation.
The amount of care that’s legally required depends on whether the victim is classified as an invitee, licensee, or trespasser.
- Invitees are invited to the property, usually for business-related reasons.
- Licensees are invited to the property for social reasons.
- Trespassers are people who were not invited or given permission to be on the property.
- Trespassers are not legally owed as much care as licensees and invitees.
Accidents Don’t Have to Happen
Premise liability accidents can be caused by various circumstances.
- Cracked sidewalks and uneven surfaces.
- Slip and fall accidents can cause broken bones, concussions, contusions, strains, sprains, and lacerations.
- Pet owner negligence.
- This type of negligence can lead to animal attacks.
- Exposed wiring, which can bring about electrocution and burns.
- Wet floors.
- Missing handrails on stairways.
- Fire.
- Lead paint.
- Lead paint poisoning is a very serious medical condition. If your property has lead paint, remove it!
- Poor Lighting.
- Porch collapse.
- Mercury poisoning.
- Unsalted ice.
- A slippery parking lot can cause vehicular collisions and slip and fall
- Faulty elevators and escalators.
- Poor security.
- Security measures such as barriers, gates, locks, alarm systems help prevent assault.
Liability Insurance
There are plenty of different types of liability coverage. In relation to premises liability, it’s a good idea to have bodily injury liability insurance and property damage liability insurance. Bodily injury liability insurance covers anything you need as it relates to the victim’s injury, such as surgery, prescriptions, and physical therapy. Property damage liability insurance covers the costs of repairing damaged property including the victim’s home or vehicle.
However, liability insurance doesn’t cover you when an accident happens to you personally. It only covers the harm that your actions or inactions caused to a third party. Liability policies can also cover legal fees if you are sued by the victim. Generally, the more assets you have, the more liability insurance you should have in order to protect yourself.
Missouri law mandates that all drivers have some type of motor vehicle liability insurance. The minimum amount of required coverage in the state are:
- $25,000 per person to cover bodily injury.
- $50,000 per accident to cover bodily injury.
- $10,000 per accident to cover property damage.
Making a Claim
A successful premises liability claim needs the following.
- The owner must have been in possession of the property when the accident occurred.
- The victim must have either been a licensee or an invitee.
- There has to have been some form of either wrongdoing or negligence committed by the property owner, resulting in damages or injury to the victim.
When an accident occurs on public property, such as a car accident due to a faulty traffic light or tripping on an uneven sidewalk, a claim filed against either the state or the local municipality responsible for the property where the mishap occurred may be allowed by Missouri law.
Lawyer Up!
It’s important to hire a premises liability attorney for a few key reasons.
- An experienced lawyer will help you through legal processes, and assess the value of your injury.
- Premises liability lawyers know exactly what kind of evidence you need for a successful claim, and can help you get it, which includes:
- Talking to witnesses.
- Investigating the scene of the accident.
- Reviewing important insurance
- Communicating with physicians.
- If a settlement can’t be reached, your lawyer will present your case to a jury, and if necessary, hire an expert to educate the jury about the extent of your injury and the treatment needed to heal so they can reach a decision.
If you or a loved one have been injured in a premises liability accident, take advantage of our initial consultations where you’ll get free legal advice from a professional. Contact us for your free legal consultation today.
