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.
The Duty of Care
In Missouri, three categories of visitors on another’s property defined as invitees, licensees, and trespassers.
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.
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.
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.
Contact a Columbia 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.