Premises Liability Lawyers in Liberty, Missouri
Property and building conditions are the responsibility of the property owner. If a person is injured due to poor or unsafe conditions on a property, he/she may have the right to claim damages from the property owner.
Some states distinguish between various types of “entrants” (persons entering a property): trespassers, licensees, and invitees. Under such statutes, a landowner’s duties vary according to the type of entrant. More common, however, is one legal standard of “reasonableness under the circumstances” regarding any particular case and set of circumstances.
In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation. At the Noland Law Firm, we fight for the rights of accident injury victims throughout Liberty, Gladstone, Independence, Blue Springs, Excelsior Springs, Kearney, Smithville, Saint Joseph, North Kansas City, and throughout the greater Kansas City area.
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How is premises liability defined in Missouri?
In Missouri, premises liability refers to the legal responsibility that property owners bear for accidents or injuries that transpire on their premises. Various scenarios may give rise to premises liability cases, illustrating the property owner’s liability for incidents such as slip-and-fall accidents, trips, or injuries.
Examples include slipping on a spilled drink in a restaurant, tripping on a crack in a business parking lot, or being struck by a falling object in a supermarket.
Multiple hazardous conditions can contribute to slip, trip, and fall accidents, as well as other injuries, including:
- Uneven or cracked surfaces
- Faulty stairs lacking handrails or adequate lighting
- Ice-covered sidewalks or parking lots
- Wet floors
- Damaged or exposed electrical wiring
- Malfunctioning elevators
- Negligence by pet owners leading to dog bites or attacks
- Inadequate security in buildings or parking ramps resulting in assaults
The presence of premises liability hinges on whether the property owner was aware of the hazardous condition and failed to address it, adequately warn of its existence, or safeguard individuals lawfully present on the property from harm caused by the dangerous condition.
Level of care & duty in regard to premises liability in Missouri
In the realm of premises liability in Missouri, the level of care and duty a property owner or possessor owes to another is contingent upon the injured party’s classification as an invitee, licensee, or trespasser. While Missouri law provides detailed definitions, the following general distinctions apply:
Invitee
- Definition: Someone invited onto the property, typically for a business purpose.
- Duty of Care: Property owners owe invitees a duty of reasonable care to ensure their safety during their visit.
Licensee
- Definition: Someone invited onto the property for social purposes.
- Duty of Care: Similar to invitees, property owners owe licensees a duty of reasonable care for their safety.
Trespasser
- Definition: Someone not invited onto the property and present without permission.
- Duty of Care: A lesser duty is owed to trespassers compared to invitees and licensees.
In adherence to Missouri law, the distinctions in duty reflect the varying degrees of care owed to individuals based on their status during their presence on the property. Invitees and licensees receive a higher duty of reasonable care, whereas a more limited duty is extended to trespassers.
What are the elements of premises liability in Missouri?
In Missouri, a successful premises liability claim must meet four essential elements as per state law:
Possession of Premises
- The property owner must be in possession of the premises or property where the injury or accident occurred.
Visitor Status
- You must have been an invitee or licensee on the premises, distinguishing your legal status during the incident.
Negligence or Wrongful Act
- There must be some negligence or wrongful act on the part of the property owner, contributing to the hazardous condition or circumstances.
Resulting Injury
- The negligence or wrongful act must have led to an injury on your part, establishing a direct connection between the property owner’s actions and the harm suffered.
Statutes of Limitations on Premises Liability Claims in Missouri
Premises liability scenarios often arise from injuries caused by unsafe conditions on public sidewalks, roadways, or in public buildings. In such cases, Missouri law may permit claims against the State or local municipality responsible for the property. If the incident occurs on federal property, the Federal Tort Claims Act may allow the U.S. Government to be sued.
In Missouri, the statute of limitations for a premises liability case is set at five years from the date the injury is discovered. Notably, Missouri employs a pure comparative fault system, distinguishing it as one of the few states adopting this approach.
It is crucial to consult an attorney promptly if the injury occurs on government-owned property, as the statute of limitations for bringing a claim may require notice within 90 days of the injury.
Contact Our Premises Liability Lawyers Today
If you were injured due to a premises liability-related injury in Liberty, Gladstone, Independence, Blue Springs, Excelsior Springs, Kearney, Smithville, Saint Joseph, North Kansas City, and throughout the greater Kansas City area, it is worth hiring a personal injury lawyer from Noland Law Firm to help settle your case with knowledge and compassion. Contact us today to schedule a free consultation, or please call us at (816) 781-5055 to discuss your personal injury case.