Recovered Over $300 Million for Our 7,000+ Clients
If you have ever been hurt on someone else’s property, you may be entitled to damages based on premises liability law. Holland Injury Law works diligently to hold negligent and reckless property owners liable and is ready to fight for you.
For decades, Holland Injury Law has worked diligently to put compensation funds into the hands of thousands injured by others. Our team understands the compensation process and knows how to compel negligent and unlawful actors and their insurance companies to pay what they owe.
We have recovered over $300 Million for our 7,000+ clients and have more than 1000 5-star reviews from past clients.
If you have been injured, we are ready to meet and discuss your circumstances. Call our office for a free consultation and learn how Holland Injury Law can help.
Missouri premises liability laws place a duty of care on property owners, tenants, and anyone else in control of a property. The duty requires them to keep their properties reasonably safe for certain types of visitors. Depending on the type of visitor, the duty of care may be higher or lower.
In Missouri, the three types of visitors to a property include:
Of the three, invitees are owed the highest degree of care. Invitees are visitors who typically provide some level of benefit (usually commercial) for the property owner or tenant. For example, visitors to the McDonalds off East 23rd Street are considered invitees.
Licensees, on the other hand, are not on a property for the commercial benefit of a property possessor. They are typically present for social and familial reasons, such as birthday parties and random social visits.
To properly discharge a duty toward an invitee, a property possessor must take reasonable steps to keep the visitor safe from known harms and harms that would be discovered through a reasonable inspection. If the visitor is a licensee, the duty is watered down and only requires the property owner to warn of known hazards.
Trespassers usually are owed no duty of care. However, they are entitled to be safe from willful or intentional acts that harm them. For example, if a homeowner sets a trap for a trespasser, and the trespasser is wounded, the trespasser can sue the homeowner for their injuries.
Successfully proving a premises liability case will allow a victim to access various types of personal injury damages, including:
In cases where the injuring party acted willfully or recklessly, the victim may also be entitled to pursue punitive or exemplary damages, which have the purpose of deterring future bad conduct and punishing the offender.
Premises liability cases are controlled by a five-year statute of limitations. Victims have five years after they suffer a premises liability injury to take legal action for compensation.
Although five years is more than other states offer, victims of premises liability accidents should never delay or take their time to file a compensation claim. Waiting to pursue compensation can lead to unintended issues with witnesses and other important types of evidence.
The statute of limitations rules for minors are slightly different. If a minor is injured in a premises liability accident, the statute of limitations does not begin until their 18th birthday and lasts for five years. This means a minor could have until their 23rd birthday to seek compensation for an accident on someone else’s property.
Keep in mind that filing an insurance claim does not stop the five-year clock. Only the filing of a lawsuit will ultimately cause the statute of limitations clock to cease. During insurance negotiations, your attorney will pay close attention to the statute of limitations deadline and take the appropriate action to preserve your claim.
If you are partially to blame for your injuries from a premises liability accident, you can still collect compensation in Missouri as long as you are not 100% at fault. However, the degree of fault you are deemed to have will lead to a corresponding reduction in the compensation you are ultimately owed.
For example, if you are ultimately owed $100,000 in compensation but are found to be 60% at fault, your compensation will be reduced by 60% to $40,000.
If you have been injured in a premises liability accident, you may be entitled to compensation, but compensation is not automatic. You have to prove that a property owner or tenant is liable.
Depending on how your accident occurred, the types of proof available may include:
When you hire a premises liability lawyer to represent you, they will devote the appropriate time and resources to gathering and preserving the evidence your case needs.
An Independence premises liability attorney will make sure that your claim is properly appraised and will pursue every penny you deserve. As mentioned, obstacles arise during claims as insurance companies and defendants seek to skirt liability. At every stage, you can expect your attorney to fight to hold them accountable.
Your attorney will address and overcome the various evidence issues that may pop up, including:
Most importantly, your lawyer will abide by the complex rules of evidence to ensure that your proof is admissible and your case remains strong.
Among the biggest obstacles to getting proper compensation are insurance companies. They typically take care of the compensation payments for property owners and fight hard to hold onto their funds. They will use any excuse, valid or otherwise, to reduce or deny a perfectly valid compensation claim, including your own words.
For this and other reasons, premises liability victims should seek counsel before engaging at length with any insurance company. Victims are also strongly advised to refrain from signing or accepting anything at all until a lawyer has been brought in. A lawyer protects their clients and their claims vigorously.
Throughout a compensation claim, victims need legal guidance to make decisions and understand their repercussions. Premises liability lawyers work hard for clients, making sure to keep them informed on the progress and development of their cases.
At Holland Injury Law, you and your future are the most important parts of the equation. We work closely with you throughout your case so you have the peace of mind you deserve.
Victims of premises liability accidents deserve to seek full compensation from negligent or reckless property possessors, whether they are injured at a friend’s place or a local spot like the Harry S. Truman Presidential Library & Museum.
Although a victim may be owed significant compensation, however, no compensation payouts are guaranteed or automatic. Instead, victims need skilled premises liability lawyers to force insurance companies and defendants to pay what is right.
If you have been harmed on someone else’s property, Holland Injury Law is available to meet and discuss your case at no charge. Call for a free consultation today.
LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?
