Anytime you have an accident on someone else's property, you must prove several factors for a successful claim.We've all heard of the “slip-and-fall” accidents in grocery stores and other retail outlets. But even if someone is injured, it doesn't necessarily mean they are a plaintiff in an open-and-shut case.You can't just slip on a banana peel and expect to win a multi-million-dollar settlement.
A claim of premises liability is a civil lawsuit filed by an injured party against a property owner if they are liable for the person’s injuries. What it isn’t is a wholesale liability for persons to sue the property and/or business owner just because they fell. To file a premises liability case, you must have several key factors to prove that the other party exhibited negligence.
What Leads To A Premises Liability Claim
A property owner, manager, business owner, or other responsible party has a duty to ensure that any property that welcomes visitors is safe for all who enter. When they fail in this duty, they can be held liable for financial damages if someone is injured or dies.Persons responsible for the upkeep and safety of a property should respond quickly to a reported hazard. Even if it involves putting up safety cones or roping off an area until they are able to correct the situation, it’s a fair warning to visitors. But if they fail in that duty, they may face liability.Conditions such as these can lead to accidents and injuries:• Stairwells with missing or broken handrails• Damaged stairs• Slick, wet, or broken floors• Torn carpeting and other trip hazards• Doors that do not properly lock• Inadequate security lighting• Cracked sidewalks and pavements outside, in parking garages or parking lots• Other maintenance issues, dangerous conditions, or criminal activity that are reported but ignored by the property owner, management, or other responsible parties• Animals are known to be dangerous to visitors (i.e., dogs, cats, and other pets.) and are not properly restrained (such as leashed or kenneled.)If the responsible party intentionally ignores these issues when reported, they can be liable in a claim for the injured party’s expenses.
Factors Indicating Premises Liability Negligence
Missouri law requires these four key factors for a plaintiff to have a successful claim of premises liability:1. The property owner must have been in possession of the property or premises where the accident and/or injury happened2. The plaintiff was an invitee or licensee on the premises, not a trespasser, and therefore had a right to be there3. The property owner committed some form of negligence or another wrongful act4. This negligence or wrongful act is what caused your injuries while you were on the propertyMissouri Law also divides property visitors into three classes: the invitee, who is generally someone invited for business reasons, a licensee, a visitor who is generally invited for social reasons, and a trespasser, who is uninvited and unwelcome. Property owners have a duty of care for invitees and for licensees, and a lesser duty of care for trespassers.Missouri law includes a clause for comparative negligence. This means an individual who is partially (or solely) responsible for their injuries can see their settlements reduced or eliminated if they are found to be liable for their accident.An example would be someone who trespasses on someone’s property and becomes injured. They were neither invited nor welcome on the property, and the owner was not aware of their presence. Therefore, the trespasser will likely be unable to collect damages or have their damages reduced because they were not invited. Had the individual been invited, the outcome would likely be different.
Premises Liability In Kansas City
Injuries on someone else’s property can lead to serious injuries. A Missouri premises liability case is complicated, so you should consult with a Kansas City premises liability attorney before making any insurance claims.If you’ve been hurt on another’s property as a result of negligence, contact The Popham Law Firm. Call us at (816) 221-2288 today or use our contact form. We’ll schedule an appointment and talk with you about how we can help.
