Property owners must ensure that their premise is safe for all visitors. A premise owner has the duty to keep their property safe and warn all visitors of all potential hazards on their land. When an owner fails to maintain their property, they could be held liable for all damages that ensue. A skilled attorney at A.W. Smith Law Firm could help you hold the party responsible for your injuries accountable in court.
We have dedicated decades to helping our clients pursue compensation from the parties responsible for causing their injuries. Our team has successfully recovered a $4 million verdict for an accident that occurred at an Adventure Park. We have the financial power and means to work on a contingency basis.
If you or a loved one suffered an injury while visiting another person’s property, a skilled Columbia premises liability lawyer could help you seek compensation for your injuries. It is best to speak to a knowledgeable personal injury attorney who has experience handling premises liability cases in order to help you recover the best settlement for your situation.
One of the most important restrictions regarding premises liability claims is the statute of limitations. According to Missouri Revised Statutes §516.120 injured individuals have five years from the date on which they were injured to file their claim in court. The injured claimant could risk losing the right to pursue compensation from the responsible party if they do not file their claim within the statute of limitations.
A qualified Columbia premises liability attorney may be able to handle the legal aspects of the case including filing the claim and negotiating for a fair settlement.
Missouri law could be complex and difficult to understand, which is why getting help from an experienced lawyer from A.W. Smith Law Firm is a good idea. Generally, landowners could be found liable if they are fail to warn all visitors of unreasonably dangerous conditions on their property. According to Missouri Revised Statutes § 537.348 a property owner could be found liable due to the following:
Missouri is a pure comparative negligence state, which means that the other party may try to put some of the blame on the injured person. Fortunately, injured claimants may still be eligible to recover compensation even if they are partially liable. The plaintiff’s total recoverable compensation will be reduced by their percentage of fault.
Types of Visitors
Property owners owe a duty of care to most individuals who enter their property. They owe the highest degree of care to invitees and licensees. Invitees are those who have permission to be on the property such as shoppers, movie attendees and more. Licensees are visitors who enter the property for non-commercial purposes such as social guests, plumbers or even delivery drivers.
Though landowners owe a reasonable duty of care to groups of people on their property either for commercial reasons or as guests, they do not owe such a duty to trespassers who enter the premises illegally. There are a few exceptions to those considered trespassers. Injured individuals should speak to a knowledgeable property accident attorney in Columbia to determine their classification of visitor and whether their case has merit.
Our attorneys at A.W. Smith Law Firm, P.C. have decades of legal experience under their belt. They may have knowledge of local judges and opposing attorneys, giving them leverage in negotiations and the ability to understand how judges typically rule in these cases.
We also have experience with handling insurance companies who may try to take advantage of our clients. We are dedicated to helping you recover the maximum amount of compensation for your specific situation.
Contact a Columbia premises liability lawyer to learn about the strength of your claim and how liability may affect your case. Let us help you get peace of mind. Call today to schedule a consultation.