Who’s Responsible For Your Injuries? Understanding Your Rights After A Premises Liability Accident In Missouri

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When you’re injured on someone else’s property, Missouri law provides important rights to help you seek compensation, but the process can be complex. Knowing the basics about premises liability, how Missouri law works, and what you may need to prove are key steps toward recovering damages and holding property owners accountable for negligence.

In this article, you’ll find insights on:

• When property owners are responsible for injuries.
• The essential types of proof you’ll need to strengthen your claim.
• How personal injury claims work if you were partially responsible for your accident.

What Does Premises Liability Mean?

Under Missouri law, property owners have a duty to maintain their property or warn visitors of potential hazards to prevent harm. This duty falls under premises liability, which holds property owners or controllers legally responsible for ensuring a safe environment for visitors.

If a hazardous condition exists on a property and a visitor is injured as a result, the owner or controller may be held liable for injuries and damages caused by their negligence. Examples of hazardous conditions include slippery floors, broken staircases, or poorly lit areas that create unsafe environments. Property owners who fail to address these dangers or provide adequate warnings may face legal consequences for the harm caused to others.

If I Slip And Fall On Someone Else’s Property In Missouri, Can I Hold Them Responsible For My Injuries?

You may be able to hold the property owner responsible for your injuries. Know that certain conditions apply, however. In Missouri, comparative negligence plays a role, meaning you can seek compensation as long as your own negligence does not exceed that of the property owner.

For instance, if you were invited onto the property and there was a dangerous condition, such as a hole or slippery surface, that the owner knew about but didn’t address, they could be held liable. However, if you were trespassing or acting recklessly, you wouldn’t really be able to hold the owner responsible. It all depends on the circumstances and the responsibilities of both parties.

What Kinds Of Accidents Can Lead To A Premises Liability Lawsuit In Missouri?

In Missouri, accidents that occur due to a defect or hazardous condition on someone else’s property can lead to a premises liability lawsuit. The level of responsibility owed by the property owner depends on the status of the injured person. For instance, if you are a customer at a shopping center, the owner owes a higher duty of care to ensure the property is safe.

Common accidents include slip-and-falls, falling objects, or accidents caused by poorly maintained property conditions. Even if you are only a pedestrian on the street, a property owner can still be held liable, though the duty of care might be lower. The key factor in determining liability is the degree of negligence and the visitor’s status on the property.

Are Property Owners In Missouri Required To Fix Things Like Broken Stairs Or Icy Walkways To Keep People Safe?

Property owners in Missouri are generally required to fix hazardous conditions like broken stairs because there is an expectation that people will use them safely. If stairs are left in a dangerous state, the property owner could be held liable for any injuries caused by their negligence.

However, Missouri law takes a different approach when it comes to icy walkways. Property owners are generally not liable for injuries from ice that occurs naturally during a winter storm. If a property owner attempts to clear some ice but fails to do so properly, they could be held liable if someone gets injured as a result. Any action they take to fix the hazard must be done carefully to avoid liability.

What Kind Of Proof Do I Need To Show That A Property Owner’s Negligence Caused My Injury?

To prove that a property owner’s negligence caused your injury, you need to establish several key points:

Your Presence On The Property

Show that you were lawfully on the property, either as an invitee or someone expected to be there.

Hazardous Condition

Prove that a dangerous condition existed on the property, such as broken stairs or a slippery floor.

Negligence

Demonstrate that the property owner either knew or should have known about the hazardous condition and failed to address it in a reasonable timeframe.

Causation

Show that the hazardous condition directly caused your injury and resulted in damages, such as medical bills, lost wages, or pain and suffering.

Collecting evidence like photos, medical records, witness statements, and incident reports can accomplish these things while dramatically strengthening your case.

If I Sue A Property Owner For My Injuries, What Arguments Might They Use To Avoid Paying?

In my experience, property owners use many arguments in their attempt to dodge having to compensate people who suffered injury on their property. Common claims they’ll make include:

• You were trespassing or had no legitimate reason to be on the property.
• Your injury occurred elsewhere and not on their property. The implication here is that you are falsely attributing the injury to their premises.
• Pre-existing injuries are really what’s to blame. Making this argument, they suggest that your injury didn’t occur on their property but existed before.
• Your injury isn’t as severe as you say it is.

These defenses aim to shift responsibility away from the property owner to either you or external factors that are beyond their duty.

If I Was Partly At Fault For My Accident, Will That Reduce How Much I Can Get From A Lawsuit In Missouri?

In Missouri, the concept of comparative fault applies to personal injury cases. This means that if you were partly at fault for your accident, your compensation can be reduced by the percentage of fault attributed to you.

For example, if you were 20% at fault for ignoring a warning sign and the property owner was 80% at fault, your total compensation would be reduced by 20%. So, if you were awarded $10,000, you would only receive $8,000 after the reduction based on your level of fault.

How Can A Personal Injury Attorney In Missouri Help Me Recover Expenses Like Medical Bills After A Slip-And-Fall Accident?

An attorney can help you recover expenses like medical bills after an accident by using their experience to negotiate with medical providers, insurance companies, and specialists. They know how to argue for a fair settlement that reflects the full extent of your medical costs and other damages.

Handling these negotiations means they’ll help you avoid being taken advantage of or settling for less than what you’re entitled to. If the case goes to trial, they can also present a well-argued case that maximizes your chances of recovering what you rightfully deserve.

Still Have Questions? Ready To Get Started?

For more information on Slip-And-Fall Accidents In St. Louis, Missouri, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today.