Understanding Missouri Premises Liability Law
Property owners in Missouri have a legal duty to maintain their premises in a safe condition for visitors. This means taking steps to identify and fix potential hazards or warn visitors about them. If a visitor is injured on a property due to the owner’s negligence, they may have the right to seek compensation for damages under Missouri premises liability law.
In this blog, the Missouri premises liability attorneys at Patterson Legal Group explain Missouri premises liability law and review the elements that must be present to file a claim.
What Is Premises Liability Law?
Premises liability law is a legal area that deals with the responsibility of property owners or occupiers for injuries that happen on their property. This duty of care to provide safe conditions applies to visitors, guests, customers, and sometimes even trespassers, depending on the state. According to Missouri premises liability laws, when property owners fail to uphold this duty, and someone gets injured as a result, they may be liable for damages.
Examples of Premises Liability Cases
There are many ways injuries on another’s property can happen. A few examples of premises liability cases in Missouri include:
- Slip and fall accidents
- Dog bites
- Unsafe products
- Defective conditions like broken handrails, crumbling sidewalks, loose carpet, etc.
- Failure to provide adequate security measures, such as proper lighting, security cameras, or security personnel resulting in injury or harm because of criminal activity, like assault, robbery, or vandalism.
- Swimming pool accidents
Missouri Premises Liability Law Explained
Missouri premises liability law states that property owners and occupiers have a legal responsibility to ensure the safety of individuals who enter their property. This responsibility, known as the duty of care, varies depending on the legal status of the visitor. Visitor statuses under Missouri premises liability law include:
Invitees
These are individuals you’ve explicitly invited onto your property, such as guests, repair personnel, or delivery persons. You owe them the highest duty of care. This means taking reasonable steps to ensure your property is safe and free of hazards, and warning them of any potential dangers you are aware of.
Licensees
Includes individuals who enter your property with your implicit permission, but for their own benefit, like mail carriers, meter readers, or salespeople. While you don’t have the same level of responsibility as with invitees, you still have a duty to avoid causing them intentional harm and to warn them of any known hazards.
Trespassers
Trespassers are individuals who enter your property without permission or legal right. Generally, no duty of care is owed to trespassers. According to Mo. Rev. Stat. § 537.351, there are trespasser exceptions for:
- Intentional harm: property owners cannot intentionally harm trespassers.
- Children and attractive nuisances: if a child trespasses and is injured by a dangerous condition on the property (like a pool), the owner may be liable under specific circumstances.
- Constant trespassing and actual knowledge: if the owner knows or should know that trespassers frequently enter a specific area with a hidden danger, they may have a duty to warn them. Additionally, reasonable care must be exercised during active operations on the property when a known trespasser is present.
What Do I Need to Do to File a Premises Liability Claim?
If you are injured on someone’s property due to their negligence, you have the right to file a personal injury claim. To win a premises liability case and receive compensation for injuries, you must prove four key elements:
1. Dangerous Condition
There was a dangerous condition or hazard on the property.
2. Reasonable Knowledge
The property owner either knew about the dangerous condition or should have known about it through reasonable care. This means they should have inspected the property and addressed any potential hazards.
3. Failure to Remedy or Warn
The property owner failed to take reasonable steps to fix the dangerous condition or warn visitors about it. This could involve repairs, signage, or other measures to mitigate the risk.
4. Injury and Damages
The dangerous condition directly caused your injury, and you suffered damages as a result, such as medical bills, lost wages, or pain and suffering.
In Missouri, there is a five-year statute of limitations for filing a premises liability claim. This means you have five years from the date of your injury to file a lawsuit against the responsible party. If you miss this deadline, you may lose your right to seek compensation for your damages.
Contact Our Missouri Premises Liability Lawyers
Understanding Missouri premises liability law is vital for everyone to help prevent injuries or even a wrongful death. Accidents are always a possibility, even if you are proactive in staying safe. If you or a loved one suffers an injury on someone else’s property due to their negligence or recklessness, our personal injury lawyers can help you fight for compensation.
Patterson Legal Group has more than 75 years of combined experience successfully representing injury victims in Kansas, Missouri, and Oklahoma. We have a track record of winning superior settlements for our clients. Our firm offers free consultations and works on a “no win, no fee” basis, which means that you do not pay a dime unless money has been recovered on your behalf.
To get started on your free consultation, call us 24/7 at (816) 920-0000. You can also fill out this contact form or reach out via LiveChat.
