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Premises liability law holds property owners responsible for accidents and injuries that occur on their property due to dangerous or defective conditions that they knew or should have known about and should have fixed or warned visitors about. Both property owners and the general population in Chesterfield should know the basics of premises liability law, as the region is home to numerous commercial properties and residential neighborhoods—and a preventable accident on any of these properties can lead to severe legal consequences.
If you were injured on someone else’s property in St. Louis County, the premises liability lawyers of Holland Injury Law, LLC, can help. Call today for a free consultation where we can discuss your case and advise you about your options for pursuing compensation from the property owner.
Several common incidents lead to premises liability claims in Chesterfield and throughout St. Louis County:
Slip and fall accidents often occur in Chesterfield’s stores, shopping centers, and public locations because of poorly mopped areas or wet floors. These hazards cause many premises liability claims in the state.
Missouri holds dog owners strictly liable when their dog bites someone and causes injury, regardless of any previous behavior. These sorts of accidents can take place in Chesterfield’s residential neighborhoods and parks. To pursue compensation, the injured person must have been legally on the property and they must not have been provoking the dog.
If a property owner fails to provide adequate protection in known high-crime locales, such as in the areas along Chesterfield Airport Road and Chesterfield Parkway, they may face liability for any criminal or harmful acts that occur as a result of lax security. Importantly, this burden only exists in areas where those criminal or harmful acts had a high likelihood of happening.
A slippery floor, crack in the sidewalk, falling object, broken step, or collapsing structure can all cause a property owner to bear responsibility for an accident if they knew about the condition and should have fixed it.
Missouri’s variable climate can cause significant premises liability concerns for Chesterfield property owners throughout the year. The region experiences all four seasons distinctly, each with unique hazards.
Chesterfield experiences significant snowfall and ice accumulation during winter, particularly along exposed areas of Interstate 64 and major thoroughfares like Olive Boulevard and Clarkson Road. In some locations in St. Louis County, property owners must clear unusually high accumulations of snow and ice within a reasonable timeframe to prevent slip and fall accidents.
Though flood control measures have significantly improved since the devastating 1993 flood, properties near the Missouri River and in low-lying areas still face seasonal flooding risks—and these risks can endanger guests and visitors on properties near the River.
While extreme events like the 1967 F4 tornado not happen often, seasonal storms with high winds and lightning regularly impact the area, which can result in fallen tree limbs, damaged structures, and compromised electrical systems.
Property owners must conduct prompt inspections following severe weather and address any dangerous conditions created by those storms. While property owners are not liable for acts of God, they do have a duty to mitigate the resulting hazards within a reasonable timeframe.
Chesterfield’s vibrant commercial landscape introduces unique premises liability considerations that look different from those for residential property owners.
Commercial property owners in Chesterfield owe a higher duty of care to their customers than residential property owners owe to their social guests. The law requires property owners to protect guests invited onto their property for commercial purposes against “open and obvious” dangers.
This requirement means that large commercial establishments must implement regular inspection protocols and maintenance schedules to identify and address potential hazards before customers encounter them. Business owners should look at both the interior and exterior of stores, buildings, common areas, walkways, and parking facilities.
Chesterfield contains a high concentration of retail, entertainment, and dining establishments, and though commercial property owners do not have a specific duty to guard against criminal acts in general, there is one exception. If they knew or should have known about any particularly dangerous areas, they are required to implement reasonable security measures to prevent harm to their patrons.
For instance, areas with nighttime operations must provide adequate lighting, security personnel where appropriate, and functioning security equipment.
Chesterfield hosts numerous seasonal events at major venues throughout the area, which entertain thousands of visitors each year. However, these temporary or special events require additional premises liability precautions, which include the following:
Notably, Missouri law exempts counties, cities, or villages with a population of ten thousand or fewer from premises liability claims for events the governing body organizes.
Property owners owe anyone they invite onto their property for business purposes the highest possible duty of care. These guests are known as invitees. The owners must routinely inspect their properties to discover hazards and remedy or remove those hazards. In the event that a hazard cannot immediately be removed, the property owner must warn invitees about the hazardous condition.
Licensees, on the other hand, are people who have received permission to enter property without a mutually beneficial business relationship. This includes someone visiting a friend’s home and other social guests. While not as strict, the applicable law here mandates that property owners warn licensees of any known hazards. Property owners are not required to regularly inspect their properties for hazards as they are with invitees.
In contrast to both invitees and licensees, trespassers generally receive the lowest level of protection under premises liability law. However, property owners cannot willfully cause harm to trespassers in most circumstances.
Missouri’s statute of limitations gives premises liability victims five years from the date of their injury to file a lawsuit to pursue compensation from the at-fault party. However, we advise consulting an attorney as soon as possible after an incident in Chesterfield so they can preserve evidence and strengthen your case.
If you suffered an injury due to dangerous property conditions in Chesterfield or throughout St. Louis County, you need experienced personal injury representation to advocate for your rights and lay the burden of responsibility squarely on the at-fault property owner’s shoulders. At Holland Injury Law, LLC, we understand the complexities of premises liability case and have the resources to thoroughly investigate your case.
With more than 30 years of experience and over $300 Million recovered for our 7,000+ clients, Holland Injury Law, LLC, brings tenacious determination to every case we handle. Contact us today or fill out our online form for a free consultation. The premises liability accident team at Holland Injury Law, LLC will fight for the compensation you deserve after you’ve been injured on someone else’s property.
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