Every landowner must take appropriate steps to protect visitors on their land. This not only includes a responsibility to protect them from temporary hazards, but also to ensure proper upkeep and security. Sadly, many landowners fail in this duty, and injuries may occur.
However, just because an injury occurs on another party’s property does not mean that the owner is liable. Plaintiffs and their personal injury attorney must prove that the law afforded them protection upon entry and that a landowner failed to provide that protection. Even so, most injured visitors retain rights under the law.
A Moberly premises liability lawyer could help injured victims assert those rights in settlement talks and court. Our legal team at A.W. Smith Law Firm, P.C. works for plaintiffs to gather evidence, to explain the essential concepts of law, and to fight for every dollar of compensation that they deserve.
A premises liability claim describes any personal injury case that arises because of an injury that occurs on another party’s property. Perhaps the clearest example is a slip and fall that results from an owner failing to clear standing water in a common access area.
However, premises liability claims stretch far beyond this limited concept. Another prominent source of these injuries is structural defects. An owner who fails to provide a handrailing on stairs, does not have proper fire exits, or fails to fix loose carpeting may be liable for an injury.
Finally, some claims can even hold landowners liable for the criminal actions of third parties. Keeping a visitor safe also includes having adequate security to prevent attacks. This can include limiting access to apartment buildings, having adequate lighting in outdoor areas, or even employing security staff in bars or restaurants. A Moberly premises liability lawyer could provide more information about the sources of premises liability claims.
Just because an injury occurs on land that is the property of another does not mean that the owner is liable. Plaintiffs in premises liability cases must establish that the owner owed them a duty of protection and that a failure to provide that protection resulted in an injury.
State laws separate visitors onto land into one of three categories. This classification determines the steps that an owner must take to provide protection. Trespassers enter land without the permission of the owner. These people may only prevail in cases if they can prove that an owner knew of a dangerous condition as well as the fact that the visitor was currently on the land, despite the lack of permission.
Licensees have permission to enter for a social purpose, such as to attend a birthday party. Here, the landowner must provide a warning about all hazards that they have knowledge and that the visitor would not reasonably discover on their own. Invitees enter land for a business purpose, such as to order a meal at a restaurant. In these cases, the landowner must inspect their land for possible hazards and take reasonable steps to protect guests from all potential harm.
In addition to proving a claim, plaintiffs must also ensure that the statute of limitations for their case has not expired. According to Missouri Laws §516.120, plaintiffs in negligence cases such as premises liability claims have five years following the accident to demand relief. A Moberly premises liability lawyer could help to build effective cases within the applicable time limits.
Injuries that occur while visiting the property of another party are a leading cause of personal injuries. These incidents can be the result of slips and falls, injuries that result from defective property, or even criminal acts of third parties. It falls to an injured plaintiff to prove that a landowner had a duty to provide protection and that a failure to provide that protection led to an injury.
This can be a complicated legal case. Defendants can argue that you were trespassing, that they provided proper warning, or that you did not take proper steps to protect your own wellbeing. These arguments can limit or even negate a potential award in settlement talks or trial.
A Moberly premises liability attorney is prepared to take the lead in your claim. An attorney can work to evaluate the facts of the case, to build a persuasive argument based on facts and the law, and to demand proper compensation for all your losses. Contact a Moberly premises liability attorney today to let them get to work for you.