Premises Liability Lawyer in Missouri

What Are Missouri's Premises Liability Laws?

Under Missouri Revised Statute §537.348, "possessors" of a property, meaning whoever owns it or controls it, generally have a duty of care to take reasonable steps to protect visitors from dangerous conditions on their property. This includes conducting regular inspections to identify and correct any hazards, and providing adequate warning of any known hazards.

Examples of a dangerous condition or known hazard can include:

• Spills that are not cleaned up or are not marked with a warning sign
• Potholes and broken pavement
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Damaged steps
• Faulty doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without fencing or lifeguards on duty
• Unrestrained animals
• Poor electrical wiring

The extent of the duty the possessor owes you depends on what type of visitor you are. Missouri law differentiates between three types of visitors:

1. Invitees

Invitees are people that are on the premises for business purposes, for example customers in a store or attendees of a sporting event, amusement park or movie theater. Because invitees are there for the possessor's financial benefit, they are owed the highest duty of care.

In Harris v Niehaus (857 S.W.2d 222, 225 (Mo. banc 1993)), the Missouri Supreme Court rules that a possessor should protect invitees from both known dangers and ones that would be revealed by inspection. Meaning, possessors must repair or warn against dangerous conditions they knew of or should have known of through reasonable diligence.

An invitee can also be someone on property open to the public.

2. Licensees

A licensee is someone who is allowed to be on the premises, but not for the express financial benefit of the possessor. Common examples include social guests, a utility technician working on your property, someone you allow to hunt on your land for free or someone stopping into a restaurant just to use the bathroom. In Wells v. Goforth (443 S.W.2d 155 (Mo. 1969)), the Missouri Court of Appeals ruled that owners or possessors only have to fix or warn against hazards they were aware of. Their duty of care to licensees does not include regular inspections or due diligence.

3. Trespassers

A trespasser is someone who enters a property without permission or an invitation. Because the possessor did not invite them to the property, Missouri Revised Statute §537.351 states that owners owe no duty of care to trespassers, with some exceptions:

• Under the attractive nuisance doctrine, property owners have a duty to protect children from things that might be "alluring" to a young child, even if the child is trespassing. Examples of an attractive nuisance include swimming pools, trampolines, ladders or power tools.
• If a possessor knows or should know that trespassers "consistently intrude" on a limited area of their land, they must warn against any dangerous artificial conditions, as long as the dangerous condition was not obvious.
• A possessor can be held liable for injuries if they intentionally create or maintain a dangerous condition meant to harm trespassers, or otherwise hurt a trespasser through "an intentional, willful, or wanton act." This does not limit a possessor's right to use justifiable force to "repel a criminal trespasser."
• If a possessor knows of a trespasser's presence, they still have to exercise ordinary care "as to active operations."

Generally, if you are an invitee or licensee, you have to be using the property normally to be able to make a claim. If you slide down the stair railing and hurt yourself, the possessor is generally not liable.

If you are unsure what your visitor status was at the time of the accident or are unclear about whether the possessor of the property met their duty of care to you or if they were negligent, your knowledgeable premises liability lawyer with Burger Law will help you make sense of your situation and get you the best possible legal outcome in your situation. Speak to a Missouri premises liability lawyer about your case today at (314) 500-HURT or fill out our online form.

How to Prove Your Missouri Premises Liability Claim

Not every injury on somebody else's property results in a valid premises liability claim. One of the responsibilities of your Missouri premises liability lawyer when they take on your case is to investigate and then prove your claim. To have a successful claim, your premises liability lawyer must be able to prove that you were injured due to a dangerous condition on a property, that the person or group you are bringing the claim against was responsible for overseeing the property, and that they were negligent in keeping you safe from that danger. In order to prove your premises liability claim, you must demonstrate that:

• The property owner or possessor owed you a duty of care,
• That the property owner or possessor was aware of, or should have been aware of, a dangerous condition,
• That the property owner or possessor breached their duty of care by not fixing the dangerous condition or warning of its existence, or that the attempted solution did not adequately fix the dangerous condition,
• That the property owner's or possessor's negligence caused your injuries.

You can prove that the owner or manager knew of the problem through employee testimony or a record of previous complaints made about the same issue. In 1998, Dennis Emery sued Wal Mart Stores Inc. after he slipped on spilled pet food. A Wal-Mart employee testified to the high frequency of pet food spills at the store, proving that Wal-Mart was aware of the dangerous condition. (Emery v. Wal-Mart Stores, Inc. 976 S.W.2d 439 (1998).

Premises liability claims are vigorously defended against by Missouri insurance companies. They may try to blame you for your injuries, or say that the possessor did not owe you a duty of care. An experienced premises liability lawyer in Missouri like those at Burger Law will not let them get away with avoiding their obligation to compensate you. If you have any questions about the validity of your claim, speak to a premises liability lawyer now at (314) 500-HURT.

What to Do After Being Injured on Someone Else's Property in Missouri

If you were injured on someone else's property, there are several steps you should take to ensure both your health and the success of your premises liability claim:

• Seek medical attention — This is the most important step as it will ensure that your injuries are properly treated and documented. You not only need to get healthy, you need to have medical reports and documentation so you can be fairly compensated.
• Document the incident — Take photos of the scene and any hazards that may have caused your injury. Talk to people who saw what happened, and get their contact info so your premises liability lawyer can interview them later.
• Report the incident to the property owner or manager — Any retail store, grocery store or restaurant will have a manager on duty you can report the incident to. Inform them of the incident and your injuries, but refrain from being to specific or accepting any blame for your injuries. Get the number of their higher-ups or customer service number and report it to them too. If you were injured at a residential property, tell the homeowner or tenant.
• Keep all documents related to the incident — This includes medical bills, documentation of lost wages, any property damage and any correspondence with the property owner or their insurance company. A well-documented case will make it easier for your Missouri premises liability lawyer to get you maximum compensation as quickly as possible.
• Do not trust the insurance company — Do not make any recorded statements without speaking to an attorney. Insurance companies often ask injured parties to give recorded statements. In those, they may try to confuse you, and they can use the statement later to discredit your claim. You do not "have" to give a recorded statement, even if they say so. They may also tell you they do not have to pay for pain and suffering, lost wages or medical treatment beyond six weeks – do not believe them.
• Do not accept the first settlement offer — Do not sign any documents or accept any settlement offers without consulting with a premises liability lawyer first. The first offer will be low, and if the insurance tells you that they cannot offer more, they are lying.
• Call Burger Law — We take on complex cases and stand up to insurance companies every day. You did nothing to deserve your injuries, and you deserve full and fair compensation. When you hire us, we get to work on your case right away, handle all negotiation and litigation for you and do not stop fighting until you get the money you are owed.