Property owners are responsible for the upkeep and safety of the structures on their property. When another person is injured on their property from their negligence, their injury could fall under premises liability. Taking legal action against a property owner you do or do not know can seem like a daunting task, but you deserve justice for your injuries. A St. Louis premises liability lawyer from Thomas Law Offices will guide you through the process of a legal claim so that you can feel confident about holding the liable party accountable for their negligent actions.
To better understand your premises liability claim, it can be helpful to know the premises liability laws in our state. According to Missouri premises liability law, the first aspect that your case hinges on is what kind of visitor you were on the property. Depending on your visitor status, the property possessor may or may not be liable for your injuries. If you were an invitee or licensee, then you may have a personal injury claim on your hands. If you were a trespasser, though, then you probably don’t have a case.
As an invitee, the property owner or possessor is responsible for injuries that occur on their property. When the property owner gives an open invitation to visitors, whether for the public or for business, the visitors are considered invitees because they were invited to the premises. Invitees get the highest protection when dealing with a premises liability claim. Examples of invitees are park-goers or restaurant-goers. The property owner owes invitees the reasonable duty of care.
A licensee is similar to an invitee but is offered fewer protections in a premises liability case. Licensees enter the property usually for their own benefit, like visiting a friend or using the bathroom at a store without intent to buy anything. While the property owner is still liable for their injury if it was caused by a hazard that they were aware of and did not make the visitor aware of, licensees are not owed the same duty of care as an invitee.
Contrary to invitees and licensees, trespassers are not owed a level of care from a property owner because they are not supposed to be on the property. If a trespasser is injured on the premises, they likely will not be able to recover any damages from the property owner or possessor. There are exceptions for children and if the property owner sets traps that could harm trespassers.
Your premises liability claim in Missouri also requires other aspects to be proven on top of which kind of visitor you were. According to state law, there are four aspects of liability that must be present in order to solidify your case. Those aspects are:
A premises liability claim might feel too complicated to tackle, but that’s why you shouldn’t try to handle it on your own. A St. Louis premises liability lawyer from Thomas Law Offices knows this task seems daunting, but we’re here to support and guide you through the process so that you can feel confident in your claim. You can feel comfortable coming to us with any questions or concerns you have along the way.
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Attacked because a property lacked basic security? We investigate owners’ failures—lighting, locks, cameras, staffing—and pursue compensation for your injuries. Start with a free case evaluation.
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Benefits can be hard to win alone. If a condition keeps you from working, we’ll guide you through the SSA process and strengthen your claim. Start with a free case evaluation.
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When you’ve been injured on someone else’s property and it was caused by a hazard that they were aware of and didn’t fix, you can file a premises liability claim against them. Since they could have prevented your injury by fixing the hazard or making you aware of the hazard, you shouldn’t have to worry about your medical bills and other costs associated with your injury. Even worse, if your injury caused you to miss work or lose wages, then you could recover damages for those losses as well. Our experienced personal injury attorney at our office in St. Louis can answer all of your questions about your legal situation and help you decide if a premises liability claim is the right option for you. Contact us today for a free consultation.
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