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If you suffer an injury because of a hazard on someone else’s property in St. Joseph, Missouri, you may be able to hold the property owner financially responsible. By filing a premises liability personal injury lawsuit, you can seek compensation for your medical expenses, lost wages, and other losses related to your injury.
Contact Holland Injury Law at (314) 888-7888 for a free consultation with an experienced premises liability attorney. We’ll review your case, go over your options for seeking compensation, and answer any questions you have about filing a lawsuit in St. Joseph.
Premises liability is a legal framework used when someone gets injured on another person’s property. Under Missouri’s premises liability laws, property owners or managers may be liable for injuries to guests caused by dangerous conditions on their property. For example, if you fall down a staircase because the railing was unstable, the property owner could be liable for your injuries.
One major exception to premises liability laws is that trespassers generally aren’t protected. However, this exception has a few exceptions of its own:
If a child trespasses on a property and suffers an injury, the property owner may still be liable.
If the owner knows that part of their property is regularly trespassed on, they could be liable for resulting injuries.
If the owner contributes to an unsafe condition on the property that harms a trespasser, such as by setting up a trap, they would be liable for the trespasser’s injuries.
Some of the most common personal injury cases based on premises liability include:
Slip-and-Fall Accidents – Any slip-and-fall accident on private property likely falls under premises liability. This includes slipping in a grocery store, falling down poorly maintained stairs at a private residence, or even tripping on a damaged sidewalk in front of a home or business.
Dog Bites – Most dog bite incidents fall under premises liability because aggressive dogs are considered property hazards. Owners of aggressive dogs should have fences and warning signs and keep their dogs away from unsuspecting victims.
Drowning Incidents – Pool owners are responsible for keeping others, particularly children, safe from their “attractive nuisance.” This means they should have fences with locked gates or some other means that can restrict access to the pool.
Hazardous Conditions – If a property is in disrepair, it could have various hazardous conditions. Owners should keep their properties free from or warn visitors about known hazards.
To prove a property owner’s liability for your injury, you must be able to demonstrate four key items:
First, you must show that a dangerous condition existed on the property, such as a puddle in a grocery store aisle that you slipped in.
Second, you must show that the property owner knew or should have known about the dangerous condition. For example, a grocery store owner should know that spills in aisles are common and should have employees conduct regular checks.
Third, you must show that the property owner failed to fix or warn guests about the dangerous condition, for example, by cleaning up the spill and placing a wet floor sign where it was.
Fourth, you must show that you suffered an injury as a result of the dangerous condition and that you suffered losses because of that injury, such as medical expenses or lost wages.
An experienced premises liability lawyer can gather all the available evidence for proving liability, including accident scene photographs, eyewitness statements, and your medical records.
Through your premises liability injury lawsuit, you can seek compensation for various losses suffered because of your injuries.
Medical Expenses – Compensation for past and future surgeries, medical treatments, medical devices, physical therapy, and prescription medications.
Lost Wages – Compensation for the wages you lost while recovering from your injuries.
Loss of Future Earning Capacity – Compensation and benefits you will lose because of your injuries’ permanent impact on your ability to work.
Disability Accommodations – Compensation for reasonable and necessary disability accommodations, such as if you need to modify your home or vehicle to be wheelchair accessible after a fall.
Pain and Suffering – Compensation for the physical pain and emotional suffering you experienced because of your injuries. The more severe your injuries are, the more compensation you can typically get for this.
The deadline for filing a premises liability injury lawsuit under Missouri’s statute of limitations is five years from the date of the accident. In most cases, you must file your lawsuit within this period or risk the Buchanan County Court preventing you from seeking compensation for your injury. There are some exceptions to this strict five-year deadline that your attorney can advise you about.
Despite the seemingly long time limit for filing a lawsuit, it’s important to contact an attorney who can start working on your case as early as possible. Over time, it becomes harder to collect the evidence necessary for proving liability.
An experienced premises liability injury attorney can handle all aspects of your case, from the initial investigation into the incident to representing you at trial and seeking the compensation you deserve. Your attorney will take on:
Investigating the incident to identify all liable parties
Gathering critical evidence connecting the liable parties’ negligence to your injury
Assessing the value of your claim based on medical bills, financial records, and other sources
Providing general legal advice and protecting your rights by preventing you from inadvertently admitting fault for the incident
Filing your lawsuit against the liable parties within the time limit
Negotiating with insurance companies on your behalf and seeking a settlement that fully covers your losses
Taking your case to trial if the insurance companies refuse to offer a fair settlement
If you suffered an injury caused by a hazardous condition on someone else’s property in St. Joseph, Buchanan County, contact Holland Injury Law for a free consultation with an experienced premises liability lawyer. We’ll review your case, walk you through your legal options for seeking compensation, and answer any questions you have.
Over the years, our firm has recovered over $300 Million for our 7,000+ clients, and we’re not done yet. We’re committed to helping you seek the compensation you need and deserve for your injuries.
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