Recovered Over $300 Million for Our 7,000+ Clients
The last thing you expect as you’re strolling the aisles of your favorite store is to suffer an accident that lands you at Saint Luke’s East Hospital. However, if the store owner doesn’t maintain safe premises for their visitors, you could suffer falls, dog bites, and even an assault.
If you’ve experienced losses because of a property owner’s negligent or wrongful conduct, the team at Holland Injury Law can help you recover damages. We have years of experience with premises liability claims involving all manner of accidents. Learn more about what your rights are and what damages you can claim.
All property owners and managers have a responsibility to keep their premises reasonably safe for guests and visitors. This is called a duty of care. They owe this duty of care to anyone who’s legally on the property, from people they’ve expressly invited for social reasons to those who are there for business purposes.
Premises liability claims have some legal elements that need to be addressed. These are crucial to keep in mind as you begin the filing process.
The first element you need to prove is that a dangerous condition existed at the location where you had the accident. This could be broken steps, insufficient lighting, unmarked wet floors, and anything else that is a hazard.
You then have to show that the property owner knew of the dangerous condition or that they should have reasonably known it existed. For example, suppose that there was a water leak from the bathroom that left a puddle right in front of the door. In that case, the owner would have seen it every time they used the facilities.
You also have to establish that the property owner took no steps to remedy the problem and didn’t warn visitors of the danger. In the above example, the owner should have placed a sign warning visitors of wet floors until they were able to get a plumber to fix the problem.
The final thing you need to show is that the owner’s negligence led you to suffer injuries that caused you losses. If you only received a slight bruise that didn’t require medical care, you probably wouldn’t be able to file a claim to recover losses because you didn’t suffer any.
Premises liability can involve a variety of circumstances. However, the following are the most common reasons people throughout Jackson County file these claims.
When a property owner invites others onto their premises, they have to provide adequate security. This can involve actions like having cameras and security guards in stores and ensuring there’s sufficient lighting in parking lots.
Most people think that negligent security is only an issue in retail settings. But if you’re invited into someone’s home, they, too, must take reasonable precautions to keep you safe from getting robbed or assaulted.
If they fail to do so, you may be able to hold them liable. Reasonable measures can include having locks on their doors, a security system in place, or similar solutions.
Some of the most common accidents that occur throughout the country are falls. They can happen as a result of:
If you suffer a fall because of any of these issues, you will likely be able to file a premises liability claim. It’s important to note whether there was a warning in place. If there was and you still proceeded, the property owner will usually not be liable.
If a store is open to the public, there should not be any hazardous conditions that can result in injuries. If there are faulty elevators, dangerous electrical installations, or debris on walkways or stairs, the property owner is negligent in allowing others to enter.
Hazardous conditions also include putting visitors and guests in danger of being exposed to mold, chemicals, and even asbestos. If you get sick because of this exposure, you can file a premises liability claim.
If a dog attacks you on someone else’s property, you can file a claim. Missouri holds dog owners strictly liable for any bites, which means you don’t have to prove that the person was negligent. All you need to demonstrate is that you didn’t provoke the animal and that you were on the property legally.
Strict liability only applies if the dog bites you, however. If it causes you injuries in another manner, such as by jumping on you, you will have to show that the owner was negligent.
Property owners can face premises liability claims for swimming pool accidents if injuries result from:
If the walkway around the pool causes people to fall because it is cluttered or slippery, that can also lead to claims.
When you file a premises liability claim, you have a chance to recover compensatory damages, including economic and non-economic damages.
Economic damages compensate you for financial losses you suffered because of the accident. Medical expenses make up a large part of these damages.
They cover everything from hospital stays to changes you need to make to your home or car to accommodate a disability the accident caused. If you need to continue receiving medical care, economic damages can cover these costs, too.
Suffering an injury that requires medical attention often means being unable to work, resulting in financial losses. Economic damages can compensate you for the missed salaries, commissions, and bonuses that you would have received had the accident not happened. If you can’t return to work at all, you can claim a loss of earning potential.
Non-economic damages address losses that aren’t financial in nature but still cause you significant harm. Pain and suffering damages fit into this category. They offer compensation for the physical and emotional distress you experienced.
If the injuries don’t allow you to live your life as you used to, claiming loss of enjoyment of life is another possibility. In instances when a loved one dies because of the accident, you can claim loss of consortium, too. This category addresses the support and companionship you’ve lost.
Property owners or managers often fail in their duty of care to keep visitors and guests safe. If this has happened to you and you’ve suffered injuries as a result, you may be able to file a premises liability claim to recuperate losses.
To have a chance to receive fair compensation, you want to choose lawyers with experience and dedication. At Holland Injury Law, our team can help. Throughout the years, we’ve recovered over $300 Million for our 7,000+ clients, which allowed them to get the medical care they needed.
With over 1,000 5-star reviews, Holland Injury Law offers aggressive representation for those who’ve suffered because of a property owner’s negligent or wrongful conduct. Schedule a free consultation with one of our Lee’s Summit premises liability lawyers.
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