Property owners have the legal responsibility to protect visitors from dangers they know about or should know about.
Unfortunately, a property owner might either not know about dangerous conditions on their property and might choose to ignore them, or they might not put forth the amount of investigation needed to discover potentially dangerous conditions on their property. When that happens, members of the public are unnecessarily exposed to the risk of injury. These are cases of premises liability.
Premises liability is a legal term that refers to the responsibility of a property owner to protect visitors from any dangers on their property. This includes dangers that the property owner knew about or should have known about.
Because this covers a wide range of cases, premises liability victims can become injured in many different ways. Some examples of these cases include:
When someone falls or is struck by a falling object, the impact can cause serious brain injuries. Symptoms may range from mild concussions to severe, life-changing brain trauma.
A severe fall or crush accident can cause spinal cord damage, potentially leading to partial or full paralysis, chronic pain, or loss of mobility.
Sharp edges, broken glass, or unsafe property materials can cause deep cuts, sometimes resulting in scarring, infection, or nerve damage.
Burn injuries can occur from electrical hazards, scalding liquids, exposed wiring, or chemical spills on a property. These can range from first-degree to life-threatening third-degree burns.
These include bruises, contusions, and muscle or ligament damage. While not always visible, they can cause significant pain and require medical treatment or therapy.
Falls, collapsing structures, or defective stairs often lead to bone fractures—particularly in the wrists, arms, legs, hips, and ribs.
When a property owner fails to restrain an aggressive animal, victims may suffer puncture wounds, infections, or disfigurement.
Faulty wiring, exposed cables, or unsafe electrical systems can lead to shocks or severe electrical burns, sometimes fatal.
If you or someone you love was injured as a result of someone else’s failure to mitigate dangers on their property, the premises liability lawyers in St. Louis at NGK Law Firm are here to help. Contact us today for a free case review at 314-241-1919.
After suffering a personal injury, many individuals face financial challenges from medical bills and lost income. In addition, those who have been injured may find it difficult to return to work or may no longer be able to do the same job they were doing before the accident.
Then, to make matters worse, it can be difficult to recover compensation from the property owner. Insurance companies and opposing attorneys make their living by denying you your rightful compensation. They might offer a settlement that is far less than what you deserve or stonewall you outright.
This is where it pays to work with an experienced premises liability attorney in St. Louis.
An experienced attorney will be well-versed in the evidence needed to win your premises liability claim. From medical records to security camera footage, witness interviews, and police reports, the law firm you retain will work tirelessly to collect the evidence needed for your claim.
Then, your attorney will also handle all of the communication with insurance companies and opposing lawyers on your behalf. This allows you to focus on recovering from your injury.
In the state of Missouri, the statute of limitations for personal injury cases, including premises liability claims, is generally five years. This means that an individual has five years from the date of the incident (the day they were injured) to file a lawsuit against the property owner or occupier.
It’s important to note that if a claim isn’t filed within this period, the individual generally loses the right to file a lawsuit to recover damages for their injuries. Therefore, it’s crucial to act promptly when considering a premises liability claim.
Exceptions to this statute of limitations can exist, such as in the case of minors or in circumstances where the injury is not immediately apparent. In such cases, the time limit may be extended, but this can vary, and consulting with a skilled premises liability attorney to understand the specifics is always recommended.
Beyond the standard limitations, individuals should be aware that the details of their situation might alter their filing timeline. Legal nuances, like the specific type of entity owning the property or any government affiliation, can impose shorter deadlines. An adept lawyer will navigate these potential hurdles, ensuring all paperwork aligns with legal expectations and deadlines.
In recent years, St. Louis has seen increased premises liability claims, partly driven by heightened public awareness about property owner responsibilities. More residents are becoming informed about their rights, leading to more claims being filed for incidents that once might have gone unreported. This trend underscores the importance of property owners maintaining safe environments to protect their guests and themselves from legal repercussions.
Additionally, local climate factors like icy winters and unpredictable weather patterns contribute significantly to the premises liability landscape in St. Louis. Slip-and-fall incidents rise during these periods, emphasizing the need for proactive property maintenance. Commercial property owners face scrutiny regarding their snow and ice removal practices, as neglect can quickly result in dangerous pedestrian situations. Property owners are not only required to manage immediate hazards but are also expected to foresee potential risks due to weather changes, ensuring a safe environment year-round.
Follow these key actions:
Seek Medical Attention: Your health is the main priority. Even if injuries seem minor, some symptoms may appear later. A medical evaluation also serves as important documentation for your claim.
Document the Scene: Take clear photographs and videos of hazardous conditions, such as:
Gather Witness Information: If others saw the accident, ask for their names and contact details. Witness testimonies can provide critical evidence if the property owner disputes your claim.
Report the Incident: Notify the property owner, landlord, or manager as soon as possible. Ask for a written report and keep a copy for your records.
Avoid Making Admissions or Signing Documents: Do not admit fault or make statements that could be used against you. Avoid signing any documents without consulting a St. Louis premises liability lawyer.
Consult an Experienced Attorney: A lawyer can help:
Key factors include:
Missouri follows comparative negligence laws, meaning:
If the injured person is partially at fault, their compensation may be reduced proportionally.
Given the complexities of proving fault, working with a premises liability attorney is crucial to securing a fair outcome in your case.
Victims of premises liability accidents could be qualified for various types of compensation, which include:
Since every claim is unique, an experienced St. Louis premises liability lawyer can assess your case and fight for the maximum compensation you rightfully deserve.
When interviewing personal injury attorneys, one of the most important things to ask about is their experience handling cases like yours. Is this a case they commonly take on, and most importantly, is this the type of case that they typically win?
When working with the attorneys at NGK Law Firm, you can count on our proven track record of success in premises liability cases. In more than 1,000 personal injury cases, we have maintained a 98% client success rate, including a number of major premises liability victories.
In one example, NGK Law recently was successful in obtaining $200,000 for a client who suffered several injuries from a defective hand railing that broke, causing the client to fall down a flight of stairs. Our client sustained injuries to their head and hand, which required hospitalization.
We launched an in-depth investigation that led the courts to determine that the handrail in question actually violated the local building code. The proof of this violation sealed our client’s claim and allowed us to obtain the full amount of insurance coverage for our client’s injuries.
If you or a loved one need assistance after sustaining an injury as a result of a dangerous condition on property, contact our St. Louis premises liability attorneys today at 314-241-1919.
Yes, there may be grounds for a lawsuit. If the property owner knows that snow or ice is in the forecast and may become a hazard for property visitors, they may have the responsibility to remove that hazard.
Yes, there may be grounds for a lawsuit. In many circumstances, a visitor to a commercial property is an “invitee” (described above). Property owners have the highest degree of responsibility to invitees. They are not only responsible for protecting invitees from known dangers on the premises, but they are also obligated to proactively inspect and discover unknown dangers to invitees.
Broadly speaking, property owners have the duty to protect visitors from dangers on the property that they knew or should have known about. If the owner knows (or should know) about something dangerous on their property, the owner must reduce or eliminate the danger, or they must warn visitors about that danger.
The specifics of this depend on the visitor. A visitor can fall into one of three legal categories, depending on why they’re on the owner’s property:
Property owners have the obligation to inspect and discover unknown dangers to protect invitees. They are only required to take “reasonable care” to protect licensees. They have no responsibility for the safety of trespassers.
Our attorneys have handled thousands of cases and can bring that experience to bear throughout your case.
We have successfully recovered over $700 million for our clients.
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Our team is available 24/7 to address your concerns and provide support.
Trust us to get you through the frustrating process of seeking compensation with empathy, respect, and dedication.
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