Clayton Premises Liability Lawyer
When visiting a property, whether it be public or private, you are entitled to be provided with a safe environment. Unfortunately, not all landowners are responsible enough to follow through with this obligation. As a result, guests may sustain unprecedented injuries due to a property owner’s failure to maintain their property free of hazards.
If you were injured on somebody else’s property, you might benefit from the advice and counsel of a well-versed injury attorney near you. A Clayton premises liability lawyer may be able to work with you to build a convincing injury claim for obtaining the compensation owed to you.
What is a Premises Liability Claim?
A premises liability claim holds property owners liable for injuries sustained by others while on their property. Like the standard imposed in negligence cases, a plaintiff must prove that the property owner was negligent. With the help of a Clayton premises liability lawyer, plaintiffs should be able to prove that the property owner negligently owned and operated the property in a manner that caused their injury.
Establishing a Property Owner’s Duty of Care
Property owners have a duty to use reasonable care in maintenance of their land. Owners also have a duty to protect their visitors from unreasonable risk of harm. Different levels of care are required depending on the type of visitor that is at the property. Courts have divided these classes of visitors into three main groups: invitees, licensees, and trespassers.
Invitees are afforded the most protection, including business and public individuals who are at the property to benefit the property owner. These might include a museum visitor or a shopper in a boutique. Landowners are required to keep their property reasonably safe for invitees.
Licensees include those that are given permission to be on the property such as social guests. Landowners owe a duty to warn licensees of dangerous conditions that create unreasonable risks of harm if the owner is aware of the condition and the dangerous condition is not obvious to the licensee.
Trespassers are those that are not given consent to be on the property. Property owners do not owe a duty of care to trespassers and trespassers would not likely get damages for injuries sustained on another person’s property. However, there are limited exceptions, such as if a child is trespassing a landowner has a duty to prevent a reasonably foreseeable risk of harm to children that are caused by artificial conditions on their land.
What are the Limitations on Recovery for Premises Liability Cases?
Premises liability plaintiffs in Clayton seeking legal recovery must file their cause of action within five years of the injury according to Missouri Revised Statutes §516.120. If the case makes it to trial, the judge and jury may have to refer to the pure comparative negligence rule to determine the apportionment of damages. Under the pure comparative fault rule, a plaintiff’s damages may be reduced by their percentage of fault. For example, if a defendant is found 80 percent at fault, and the plaintiff 20 percent at fault for causing their injuries, the plaintiff would only receive 80 percent of the overall damages.
How a Clayton Premises Liability Attorney Could Help
Suffering an injury on another person’s property could be a frustrating and challenging obstacle to face. But you do not have to face the road to recovery on your own. A Clayton premises liability lawyer could take you through the process and your next steps to attaining the relief you seek. As your personal injury attorney, they could help hold property owners accountable, and in the process, help you strive for justified compensation for your injuries. To learn more about your potential recovery, schedule a consultation, call now.