Premises Liability Lawyer in O’Fallon

Did you get hurt due to unsafe property conditions in the St. Charles Historic District, the Family Arena, or somewhere else in O’Fallon or St. Charles County, Missouri? Recovering from your injuries is hard enough without the added stress of dealing with property owners and their insurers. Don’t make the mistake of taking this stress on alone. Instead, turn to the experienced injury lawyers at Holland Injury Law.

We’ve recovered over $300 Million for our 7,000+ clients, and we want to put our experience, tenacity, and skill to work for you. Call us today at (314) 888-7888 for a free consultation to learn how we can help with your premises liability case.

What Is Premises Liability?

Premises liability is the legal responsibility that property owners and occupants have for injuries that occur on their premises. This type of liability arises when someone gets hurt due to hazardous conditions on a property. You must prove several key factors to hold a property owner or occupant liable.

In Missouri, premises liability cases focus on whether the property owner or occupant had a legal duty to ensure the safety of those on the property. The relationship between the visitor and the property owner matters in these cases. Missouri law recognizes three categories of visitors:

Invitees: Invitees are those who enter a property for business purposes or for a reason that benefits the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees. They must ensure their properties are reasonably safe and warn invitees of any known hazards that could cause harm.
Licensees: Licensees are those who enter a property with the owner’s permission but for their own purposes, such as social guests or door-to-door salespeople. Owners must warn licensees of any dangerous conditions they know about but do not need to take the same steps to ensure overall safety as they do for invitees.
Trespassers: Trespassers are those who enter a property without permission. Generally, property owners in Missouri owe no duty to trespassers except to refrain from causing harm through intentional, willful, or wanton acts. Exceptions to this rule exist, particularly if the trespasser is a child or the owner knows that people regularly trespass on their property.

Common Types of Premises Liability Cases in Missouri

Premises liability claims arise when someone gets hurt due to unsafe conditions on another person’s property. These claims can cover a wide range of incidents, each involving different circumstances and hazards, such as:

Slip-and-Fall Accidents: Slip-and-fall accidents happen when someone slips, trips, or falls due to hazards like wet floors, icy walkways, uneven surfaces, or loose rugs.
Dog Bites: A person bitten by a dog can seek compensation from the owner if the owner knows the dog has aggressive tendencies or the attack results from a failure to control the animal.
Inadequate Maintenance Claims: Property owners have a duty to repair hazards like broken stairs or damaged floors, and they can be held liable when their failure to do so injures a lawful visitor.
Negligent Security: Negligent security claims arise when someone gets injured due to a crime, such as an assault or robbery, that could have been prevented with proper security measures.
Swimming Pool Accidents: Injuries involving drownings or defective pool equipment can lead to premises liability claims if the owner does not take the necessary steps to ensure pool safety.

Legal Protections for Missouri Property Owners

Proving property owner liability in Missouri premises liability claims can be difficult due to the various legal protections available to property owners. While injured parties can seek compensation for injuries they sustain on others’ properties, Missouri law includes numerous provisions that limit property owners’ responsibility for these injuries.

Recreational Use Immunity

Missouri law protects property owners who allow people onto their land for recreational purposes without charging a fee. Property owners do not have to ensure the land is safe or provide warnings of potential hazards to these visitors. They also do not have to accept liability for injuries resulting from natural or artificial conditions on their property.

Protection Against Trespasser Claims

Property owners in Missouri generally owe no duty of care to trespassers. This means that if someone knowingly or unknowingly enters a property without permission, the owner is not liable for injuries unless the owner engages in intentional, willful, or wanton misconduct. Additionally, if a trespasser is under the influence of drugs or alcohol, the property owner enjoys further immunity from liability for injuries or deaths that occur on their premises.

There are specific exceptions to property owner immunity for injuries to trespassers. For example, suppose a child trespasser gets hurt due to a dangerous artificial condition on a property where the owner knows children are likely to trespass. In that case, the owner could be liable under certain conditions. However, proving these exceptions can be difficult because substantial evidence is necessary to demonstrate that the owner was aware of the danger and failed to address it.

Business Owners and Criminal Acts

Missouri law also limits the liability of businesses when criminal or harmful acts occur on their premises. Businesses are not responsible for preventing criminal acts unless they know or have reason to know that such acts are likely to occur on their premises. Even then, businesses can assert affirmative defenses, such as proving they implemented reasonable security measures or that injured parties were trespassing at the time of the injury. This significantly narrows the circumstances under which businesses can be liable for injuries resulting from third parties’ criminal behavior.

Why You Need a O'Fallon Premises Liability Attorney

If you suffer harm on someone else’s property in Missouri, you need a premises liability attorney to protect your rights. Missouri’s premises liability laws are complex, and proving that a property owner is liable for your injury requires strong evidence. Property owners and their insurance companies often try to minimize or deny claims, making it harder to recover fair compensation.

A lawyer can gather necessary documentation, like medical records, photographs of the hazard, and witness statements, to build a solid case on your behalf. They can also negotiate on your behalf or even take your case to court to pursue a favorable outcome for your case.

Contact a Missouri Premises Liability Lawyer Now

If you suffered harm on dangerous property in O’Fallon or St. Charles County, you could be entitled to compensation. Don’t let the property owner or their insurance company downplay your injuries. At Holland Injury Law, we’ve recovered over $300 Million for our 7,000+ clients and are here to maximize your recovery.

If you wish to visit us in person, our office location is at 101 S Hanley, Suite 1025, Clayton, MO 63105.

Call us now for a free consultation, and let us start working on your premises liability claim.

LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?

Email to request a free consultation.

Fields marked with an * are required