St. Charles Premises Liability Lawyer
Accidents happen every day, and many take place when you are not at home. From falls on slick floors, tripping on uneven stairs, or being struck by falling debris, one of these accidents can mean high medical bills and leave a person unable to work. When an individual is involved in an accident on someone else’s property, the owner might be liable for their injuries, but this depends on a number of different factors.
If you have suffered a personal injury due to the actions of a negligent landowner, you should feel entitled to take swift legal action against them with the help of a St. Charles premises liability lawyer. A seasoned injury attorney could work with you to discuss the details of your case and advise you throughout the claims process.
Laws Dictating Landowner Negligence
Premises liability is a term used to refer to the legal responsibilities that owners have when someone else is injured on their property. However, the liability itself is based on the legal theory of negligence, where one party owes a duty of care to another and may be forced to compensate another party should they fail to uphold that duty. Exactly what level of duty of care applies to a specific case depends the type of property and why the injured party is on that specific property. This is known as visitor status.
Defining the Status of a Visitor in St. Charles
A property owner may owe others a higher or lower duty of care based on a person’s visitor status, of which there are three:
As the name suggests, trespassers are owed no duty of care with few exceptions. Most premises liability claims happen when the person falls under one of the other two categories.
The highest level of duty applies to invitees. This group is defined as someone on the property for the benefit of the owner, such as a customer at a store. The responsibility belongs to the owner to keep the property as safe as possible and to protect visitors from dangerous conditions that may not be clear.
Licensees receive a slightly lower duty of care and are on the property with the owner’s permission for their own purposes or as a social guest. They must be warned of dangerous conditions, but owners are not required to actively protect this group, like an invitee would be. Knowing a persons’ visitor status can make a big difference in the likelihood of succeeding in a personal injury action, and an attorney with experience in premises liability cases can help determine what their status is.
Recoverable Damages in Premises Liability Cases
Missouri law states that an injured plaintiff may seek monetary compensation for the losses they incurred due to the property owner’s negligence. Firstly, the liable party will be responsible for all past and future medical treatment that the injured party needs as a result of the accident. If they are unable to work, they can also recover damages for lost wages. And in more severe cases, the plaintiff can seek further damages for physical and emotional pain and suffering and loss of future earning capacity. Certain damages have a financial cap, so be sure to have a St. Charles attorney with knowledge in dealing with premises liability cases help you calculate the proper amount to seek in compensation.
Speak with a St. Charles Premises Liability Attorney Today
If you have suffered an injury due to someone else’s negligence on their property, you may be able to ask for financial compensation for your injuries. In St. Charles, a potential plaintiff must also be aware that the statute of limitations to file a lawsuit is two years. This makes it all the more important to get in contact with a St. Charles premises liability lawyer as soon as possible to assess your case.