St. Louis Premises Liability Attorneys

Fighting For Those Who Have Been Injured on Someone Else's Property in Missouri

Property owners have the legal responsibility to protect visitors from dangers they know about or should know about.

Unfortunately, a property owner either might 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.

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) 350-1900.

Understanding Premises Liability in Missouri

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:

• Slip and Falls – These are one of the most common types of accidents. They can happen anywhere, from grocery stores to office buildings. Slip and falls are often caused by hazards like wet floors, uneven ground, and inadequate lighting. Injuries from slip and fall accidents are often serious and can affect the head, neck, and/or back.
• Icy Conditions – All too often, we see property owners who know about dangerous ice on their property and choose to do nothing about it. This leaves members of the public vulnerable to serious injuries.
• Defective Railings – For individuals with limited mobility, we trust that the railings we use will bear our weight and allow us to travel safely. However, if a railing is poorly constructed or gives way, it can lead to unnecessary injuries.
• Dog Bites – If a dog bites someone and injures them, its owner can be held liable for injuries caused. Dog owners can also be held liable if their dog causes an accident, for example by jumping on someone and causing them to fall.
• Poorly Maintained Swimming Pools – Property owners can be held liable if someone is injured in a swimming pool on their property. Some of the dangers that property owners need to watch out for include unsecured pool covers, slippery surfaces around the pool, and defective diving boards or slides.

How a St. Louis Premises Liability Lawyer Can Assist You

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.

What is the Statute of Limitations for Premises Liability Claims in Missouri?

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.

Premises Liability Trends & Concerns in St. Louis

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.

Steps to Take After a Premises Liability Accident

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:

• Wet floors
• Broken railings
• Uneven sidewalks
• Poor lighting
• Icy or snowy surfaces
• Note the time, date, and weather conditions if relevant.

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:

• Assess the strength of your case.
• Navigate legal procedures.
• Negotiate with insurance companies.

How Is Fault Determined in Premises Liability Cases?

Key factors include:

• Foreseeability of the Hazard: Could the property owner have reasonably anticipated the risk?
• Knowledge of the Dangerous Condition: Did the owner know (or should they have known) about the hazard? Were there prior complaints or incidents related to the same issue?
• Failure to Address the Risk: Did the owner take reasonable steps to fix the danger? Was there proper signage or barriers to warn visitors?

Comparative Fault in Missouri

Missouri follows comparative negligence laws, meaning:

If the injured person is partially at fault, their compensation may be reduced proportionally.

• For example, if a victim is found 20% responsible, their damages may be reduced by 20%.

Given the complexities of proving fault, working with a premises liability attorney is crucial to securing a fair outcome in your case.

Compensation for Premises Liability Claims

Victims of premises liability accidents could be qualified for various types of compensation, which include:

• Medical Expenses: Emergency room visits, hospital stays, and doctor consultations. Physical therapy, rehabilitation, and prescription medications. Future medical costs for long-term injuries.
• Lost Wages and Reduced Earning Capacity: Compensation for missed work due to injury. If the injury leads to permanent disability, victims could recover from diminished earning potential.
• Pain and Suffering: Physical pain, chronic discomfort, and long-term suffering. Psychological trauma, anxiety, depression, or PTSD resulting from the accident.
• Loss of Enjoyment of Life: Incapacity to participate in hobbies, sports, or daily activities due to injury.
• Other Potential Damages: In cases of gross negligence, punitive damages could be granted to penalize reckless behavior.

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.

Contact Our Premises Liability Attorneys in St. Louis Today

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) 350-1900.