Landowners, managers, or those responsible for the upkeep of a property are legally responsible for keeping the premises safe to avoid causing harm to visitors. However, people entering the property are also responsible for ensuring their personal safety. They must prevent acting recklessly and sustaining bodily harm when there is an obvious hazard.
The Premises Liability Act allows a person suffering damages due to negligence to pursue a settlement from the liable party. However, the rules and regulations are complicated, and navigating the process without a premises liability attorney could mean losing the case and your eligibility to collect damages. Call a seasoned Columbia, MO private property premises liability lawyer today to schedule an appointment to ask questions and review your case and options.
Premises liability laws require property owners or possessors to keep their property free of defects and hazardous conditions so visitors they invite to enter are safe. They must complete regular maintenance as necessary and inspect the area to locate and fix potentially dangerous problems. While people owe those they invite to enter the premises a legal duty to prevent causing them harm, they do not have a responsibility to trespassers in most cases.
Accidents on someone’s private property usually involve dealing with the defendant’s homeowners insurance company to negotiate a settlement. A Columbia private property premises liability attorney at AW Smith could take on the insurance company communication to fight for the just settlement you deserve.
Some examples of injuries people suffer on private property because of a negligent property owner include:
A lawyer in Columbia could review a private property premises liability case to determine if there is evidence of negligence and handle the legal work on your behalf.
State legislation limits the time to file a case for the recovery of damages in injury cases, such as those occurring on private property because of negligence. Under Missouri Revised Statutes § 516.120, the petitioner must file the lawsuit to begin legal action within five years of the cause of action. When someone files a case after the statute’s deadline, the defendant has legal cause to request the court to dismiss the claim with prejudice.
Many premises liability cases involve shared liability for the damages. Another third-party individual could be partly responsible, and the injured person may share fault.
For those cases, the state follows the pure comparative negligence rule and will not prohibit the injured person from collecting damages from those at fault. When the court determines the claimant shares liability, it subtracts those amounts from the total award for damages. An attorney in Columbia could argue you are not responsible for the premises liability accident on private property and secure full compensation.
When someone invites you to enter their property, you have the right to expect there are no hazards to cause you severe bodily harm. When landowner negligence causes others to sustain damages and losses, civil legislation protects citizens, allowing them to pursue payment to cover their losses.
While the laws are available, there are elements your case must prove to win an award for damages, and working with our legal team may provide the best chance at winning your claim successfully. Schedule your free consultation with a diligent Colombia private premises liability lawyer at AW Smith today to begin preparing the best strategy for recovering compensation.
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