St. Louis Premises Liability Attorney
Premises Liability Injury Claims in Missouri
If someone is harmed or injured on a person’s public or private property, in most cases, the victim has the right to file a premises liability claim in Missouri. Premises liability can be challenging to prove in some cases, such as workplace slip and falls and swimming pool accidents, but with an experienced attorney by your side, you can recover compensation for medical expenses, pain and suffering, and other damages under Missouri’s premises liability laws. At The Dixon Injury Firm, we help clients in St. Louis and Illinois seek compensation under premises liability.
A significant portion of personal injury claims fall under premises liability. It is one of our goals at The Dixon Injury Firm to investigate your potential case and guide you through the process and, just as importantly, determine if your case is worth pursuing.
Call (314) 208-2808 to schedule your free consultation with an attorney.
Common Examples of Premises Liability
Premises liability can apply to many different types of accidents, whether at work, a restaurant, or as a guest on someone’s private property. Missouri property owners are required to maintain a safe and hazard-free environment for all guests or employees. If someone is injured due to the property owner’s failure to maintain, the victim has the right to sue the owner for damages.
Here are a few of the most common reasons to reach out to a premises liability lawyer in St. Louis and Southern Illinois:
- Slips, trips, and falls
- Dog bites
- Swimming pools
- Dangerous walkways
- Poor construction
- Exposure to fumes or toxins
According to Missouri’s premises liability statute, if a person is injured while on another person’s property, without trespassing, provocation, or other negligent involvement, the victim has up to five years from the date of the accident to file a personal injury claim and potentially recover compensation for injuries caused by a negligent property owner.
Missouri Premises Liability Statute
Missouri premises liability claims are subjected to a five-year timeframe and require proof of the victim’s injuries, evidence that the negligent party caused the person’s harm, and proof that the victim didn’t cause or contribute to their harm or losses.
Missouri uses pure comparative negligence when determining the amounts of personal injury settlements, and depending on the quality of evidence from the accident, whether there were witnesses, and the status of injuries (temporary, permanent, partial, or total), both parties involved in the accident could be eligible to recover compensation for damages based on their percentage of fault. For example, if the property owner is 70% at-fault in causing the victim’s injuries, but the injured party is 30% at-fault, the property owner could recover up to 30% of their total damages from the accident, while the victim could recover up to 70% of damages related to the premises liability accident.
It’s essential to keep in mind that although both parties involved in a premises liability claim could recover compensation for damages, an experienced Missouri premises liability lawyer needs to be involved in the situation. An experienced attorney can help you recover proof of your injuries, protect you from the other party’s insurer (who might try to shift blame in the accident to protect their client), and negotiate a satisfactory Missouri premises liability settlement for your harm and losses.
Call the Dixon Injury Firm today at (314) 208-2808 for a free case review and consultation. We’re here to set you on the right track.
Commercial Accident Liability
The trick to this sort of law is proving who was liable for said accident. Usually, this is the property owner who is primarily responsible for maintaining a safe, injury-free environment. Put another way, figuring out if the injury was foreseeable yet neglected by the property owner is key.
To win a case, a premises liability lawyer will need to determine the legal status of the visitor (victim), the condition of the property (Was it unsafe? Was it neglected?), and who was at fault. If you are a property owner and know there is a chance that children (or an “attractive nuisance“) might sneak into your backyard and fall into your pool, you have a duty to remove that dangerous condition or take preventative measures to avoid it. The same goes for a restaurant owner that is missing a stairwell railing, or a shopkeeper with a dangerous electrical outlet. There are exceptions for lessors or landlords, however, given that they have little control once they’ve rented out a property.
Premises-based accidents can lead to a number of outcomes like broken bones, head injuries, a lifetime disability, lost wages due to time off work, and even death. An important thing to note is that many of these accidents are due to negligence, meaning they would usually be avoidable if the owner of the premises displayed caution signage or took better care of their property.
Most premises liability claims in Missouri can recover compensation for medical bills, mental or emotional distress, lost wages, property damage, and other physical or personal property damages related to the accident. But recovering full compensation for damages, not partial damages, in a Missouri premises liability lawsuit requires a compelling demand letter and aggressive mediation and negotiation by an experienced lawyer.
Finding a Premises Liability Attorney
It’s crucial for you or a family member to reach out to a St. Louis Premises Liability Lawyer as soon as possible if you think you have a case.
Here are three reasons why:
- Depending on the state, legal complications involving who is responsible (landowners, trespassers, or completely legal visitors) can become entangled. A premise liability lawyer can sort this out during discovery.
- The quicker you secure legal counsel, the better chance you have of winning a case in a reasonable timeframe. This is critical when you or a family member is dealing with financial trouble such as paying medical bills or taking time off work during recovery.
- A premises liability lawyer worth their salt knows how to run a case. Independently, it can take a self-represented person several months to identify a negligent part and secure (if any) reparations. It is better to retain a lawyer than risk losing a case.
The premises liability lawyers at The Dixon Injury Firm use what’s known as a contingency payment plan. This means that legal counsel is free, and you’ll only pay a percentage of any reward if you win the case. This allows struggling victims and their families to seek immediate justice and begin the process as soon as possible.