Columbia Premises Liability Lawyer
Whether we are invited to someone’s home for dinner, shopping at the mall, or taking our children to an amusement park, we have a natural expectation that the space and objects around us will be in a safe working condition. Sadly, this is not always the case. Due to inadequate or improper maintenance, shoddy construction, or any number of other reasons, hazards unknown to those traveling on another’s property may exist at any time.
If you are injured from an accident that took place on another’s dangerous property, you should speak to a Columbia premises liability lawyer. A skilled injury attorney can sit with you one-on-one to discuss your issue, your legal rights, and whether you may have a claim to bring against the property owner.
What is Premises Liability?
Premises liability is a legal concept that generally arises in a personal injury lawsuit due to some unsafe condition that caused the injury while on the plaintiff’s property. The defendant in a premises liability lawsuit generally alleges that the defendant knew, or reasonably should have known, of the dangerous circumstance on their property that caused the accident.
Some classifications of premises liability matters are as follows:
- Slip and fall accidents
- Inadequate maintenance
- Elevator and escalator accidents
- Swimming pool accidents
- Toxic fumes and chemicals
- Defective conditions on the premises
- Elevator and escalator incidents.
Even though there are numerous ways a defendant can be injured on someone’s property, just being injured by itself is not enough for a lawsuit. Whether the plaintiff knew or reasonably should have known of the condition is a threshold issue. A defendant should speak with a Columbia premises liability lawyer to discuss the facts of their particular case to see if they may have a legal claim for relief.
What are the Categories of Visitors?
In Missouri, three categories of visitors on another’s property defined as invitees, licensees, and trespassers.
Invitee
An individual who is invited onto someone’s property is known as an invitee. The term “invited,” however, is not how it is thought of in the typical sense. The person does not need to be actually told to come on the property; a mailman, utility provider, and parking lot patron are all examples of invitees. Under Missouri Revised Statutes §537.347, a landowner generally owes an invitee a duty of reasonable care to keep their property reasonably safe for the invitee.
Licensee
People who are licensees are less than an invitee, but not entirely a trespasser. A licensee has the landowners express or implied permission to enter the property, but does so for their purposes. For example, a salesman. A landowner typically only has a duty to warn this individual of unsafe conditions on the land.
Trespasser
Under Mo. Rev. Stat. §516.120, a 537.351, owes no duty of care to an individual who was trespassing on their property without permission. However, even if a defendant were a trespasser, they may still wish to speak with a premises liability lawyer from Columbia. There are several exceptions to the standard rule regarding trespassers. For example, a landowner may be liable to the trespasser if the trespasser was a child or the landowner knew there was consistent trespassing on their land and a dangerous artificial condition near that spot that caused the injury.
What Types of Injuries Occur in Premises Liability Cases in Columbia, Mo.?
There are many injuries involved in a premises liability case. These include:
- Head injuries
- Whiplash
- Spinal Cord Injuries
- Burns
- Broken bones
- Internal organ damage
Do you believe you might have a premises liability case? Get in touch with the trusted attorneys at The Mutrux Firm Injury Lawyers for a consultation. Don’t try and handle your case on your own. Our attorneys know how to handle the legal system, and get you the justice that you deserve.
How To Prove a Premises Liability Case in Columbia, Mo.
There are a few ways to prove a premises liability case in Columbia, Mo., as the individual responsible for your injuries is likely to have a duty of care to keep you safe while on their property. Let’s review some of the ways we, as your attorney, can prove your premises liability case.
Duty of Care
When it comes to premises liability cases, the property owner has a duty of care, which is a legal obligation that their property is safe for others while they are on the premises. This duty of care varies whether or not the individual is a trespasser, a licensee, or an invitee. Property owners have an obligation to identify and address any potential hazards, inspect the property regularly, and take action when they notice something is not safe. If a hazard is present, they have an obligation to warn them, and to take the steps necessary to avoid any risk of injury. In this case, the concept of foreseeability plays a crucial role, as property owners are held accountable for any foreseeable dangers. Building codes and safety regulations must also be upheld. If a threat exists, the property owner must have adequate security measures in place, therefore, fulfilling their duty of care. If these steps are not taken and injury occurs, they could be liable for a premises liability suit.
Breach of Duty of Care
When the property owner fails to address any hazards present on their property, it is known as a breach of duty of care, and they could be held liable for any injuries that occurred. The breach of duty of care could mean anything from failure to address any potential hazards, failing to warn visitors, or even delaying important maintenance and repairs. The severity of the breach is often determined by factors such as the foreseeability of risks, the visitor’s classification, and adherence to relevant regulations. A breach of duty of care is one of the most important elements in establishing liability, as it shows that the property owner took no action to ensure the safety of their visitors.
Causation
Causation is a key element in premises liability cases. Causation is the link between the breach of duty of care by the owner of the property and the injury that occurred as a result. Causation requires establishing evidence that the conditions were unsafe or the property owner’s negligence caused harm to the victim. For causation to be present, the injury must be a result of a breach of duty of care and would have not occurred had the issues been addressed. This is a crucial element in a premises liability case in Columbia, Mo., and shows that the property owner is legally responsible for the harm caused.
Damages
The injured party must show that they have sustained injuries and that there are damages such as medical bills, lost wages, and ongoing medical care that must be covered. It can be difficult to prove a liability case, therefore, it is critical to have an experienced attorney by your side to help you throughout the legal process.
Why Hire a Premises Liability Lawyer in Columbia, Mo.?
It can be very difficult to prove a liability case without an attorney. You must prove that there was a breach of duty of care and that the property owner had an obligation to address any safety concerns to prevent injury. When you hire a premises liability lawyer in Columbia, Mo., your attorney will carefully assess your case, gathering evidence from the scene, eyewitness testimony, and even consulting experts to prove your case. Your attorney knows how the legal system works, and has been through a liability matter beforehand. Your attorney is also a swift negotiator and will be able to negotiate with the insurance company. Insurance adjusters are trained to provide the lowest offer possible to those seeking compensation. Your attorney will not accept the lowball offer, and negotiate for a settlement that covers your expenses. Furthermore, if we cannot settle your case, your attorney will represent you in court, fighting for you every step of the way.
Contact a Columbia, Mo. Premises Liability Attorney Today!
An unknown dangerous condition can turn a visit to a friend or a trip to the supermarket into an unanticipated injury that can have permanent ramifications. If you are injured from a condition on the property of another, you should contact a Columbia premises liability lawyer to learn more about your case.
A dedicated attorney may be able to advocate on your behalf to achieve a positive resolution to your case. To learn more about your legal options, be sure to schedule a free consultation today.
Columbia Mo. Premises Liability Lawyer FAQs
When should I contact a premises liability lawyer?
Have you been injured on someone else’s property due to unsafe conditions? Then we recommend contacting a premises liability lawyer immediately to begin investigating your claim, and to pursue any legal action.
What types of cases fall under premises liability?
Premises liability cases vary significantly, however, they often fall under slips and falls, inadequate security leading to dangerous situations, unsafe conditions on the property, or other hazards that were not addressed.
What damages can I recover in a premises liability case?
Damages may include medical expenses, lost wages, pain and suffering, and other losses related to the injury. The specific damages depend on the circumstances of your case.
How long do I have to file a premises liability claim in Missouri?
In Missouri, you have up to five years to file for most personal injury matters, which includes premises liability. However, it is critical to contact an attorney right away, and not wait until the Statute of Limitations is about to expire.
What should I do if I’m injured on someone else’s property?
If you are injured on someone else’s property, seek medical attention immediately, document the scene if possible, report the incident to the property owner or manager, and consult with a premises liability attorney to understand your legal options.
How much does it cost to hire a premises liability lawyer?
Many premises liability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. It’s essential to discuss fees and payment arrangements during your initial consultation.
What sets a good premises liability lawyer apart?
Look for a lawyer with experience in premises liability cases, a track record of success, and good communication skills. A lawyer who is familiar with local laws and practices in Columbia, Missouri, can be particularly beneficial.
How long does a premises liability case take to resolve?
The timeline varies based on the complexity of the case, negotiations, and whether it goes to trial. Your attorney can provide an estimate based on the specifics of your situation.