Missouri Premises Liability Laws
By Chris Dixon
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.
Common Missouri Premises Liability Claims
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 to 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. Common premises liability claims in Missouri include:
- Slip and Falls – slip and falls can cause traumatic brain injuries, back injuries, and other catastrophic injuries that can be difficult to recover from. According to Missouri’s Department of Health, Missouri’s slip-and-fall rate is 31% higher than the national average
- Dog Bite Attacks – if a person is attacked by a dog while on private or public property, without trespassing or provocation involved, the dog’s owner is responsible for the victim’s damages. An estimated
- Defective Equipment – unmaintained work equipment, defective products in a restaurant, and other accidents involving defective equipment are some of the most common causes of premises liability
- Nursing Home Negligence – approximately 4 million elders in the United States are abused every year in nursing homes. Nursing home negligence encompasses several types of injuries including failure to provide adequate food and medication, verbal and physical assault, and taking advantage of an elderly person’s vulnerability
- Lack of Maintenance – improperly installed lighting, failure to alert guests of potential hazards, and not removing broken or damaged furniture or devices from the grounds could increase the likelihood of a premises liability accident
According 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 5-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 percentage of fault. For example, if the property owner is 70% at-fault in causing the victim’s injuries, but the other 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.
Consult a Missouri Premises Liability Lawyer Today
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.
If you need an experienced attorney to represent your Missouri premises liability claim, Christopher Dixon and the St. Louis Premises Liability Attorneys at the Dixon Injury Firm can help. Our Missouri Personal Injury Lawyers tirelessly fight to recover high settlements for clients’ claims and are available 24/7 to offer support to victims and their families during this difficult time. Our attorneys know how challenging it can be to navigate Missouri’s legal system and understand Missouri’s premises liability laws, and are committed to making the claims process as hassle-free as possible.
For more information on Missouri’s premises liability laws, and how the Dixon Injury Firm’s St. Louis Premises Liability Lawyers can recover the maximum amount of damages for your personal injury claim, call (314) 409-7060, 855-40-2724 (toll-free), or contact the Dixon Injury Firm today for a free case review or consultation.