Premises Liability Attorneys Providing Advice Throughout Festus, Missouri
Being involved in an accident can transform your entire life in the blink of an eye. Whether you fall on an uneven surface, are injured by exposed wires, or suffer an attack as the result of poor security, you may be left with permanent injuries which leave you unable to return to work or a normal life. Even when you are able to recover, you are likely to have long-term injuries and implications to deal with.
In these situations, it is crucial that you are able to receive the justice you deserve, as well as any financial compensation to help you move forward. If premises liability can be proven, you are well on the way to taking your first steps.
How Does Premises Liability Work?
Premises liability involves placing the blame for your accident on the person in charge of the building in which the injury or accident takes place. This is usually the owner in most cases, but the definition is not always clear cut; in some cases, a landlord will lease or rent their building to a third party, such as a business.
If this is the case, the third party will become liable for your injuries. They will obtain a duty of care to any visitors to the property, and be legally obliged to keep it well maintained and in a safe condition. Once a visitor enters the property, they attain one of three levels. An invitee is invited onto the property, usually for business purposes, while a licensee is invited onto the property for social purposes. A trespasser is not invited onto the property – they are present without permission, and the possessor of the property has a reduced duty of care.
Possessors also need to use “ordinary care” to identify and repair any damages, or warn their guests of any known dangers provided that guests or visitors will not realize the danger or fail to protect themselves against it.
If the property owner is liable, there are four steps which need to be proven:
- A dangerous condition existed on the premises
- The party in possession or control of the premises knew, or should have known, about the condition
- The party in possession failed to use ordinary care to remove, remedy, or warn of the danger
- The plaintiff was injured as a result
What Are Examples of Personal Injuries?
Personal injuries which occur on someone’s property can vary, but some of the most common examples include:
- Slipping on a wet floor, such as a spilled drink in a restaurant
- Injury caused by a faulty elevator
- A cracked, faulty walkway with an uneven surface, such as a parking lot, pathway, or sidewalk
- Dangerous stairways with cracked steps, inadequate lighting, missing handrail, or loose sections of carpet
- Falling due to ice on the sidewalk which has not been maintained
- Electrical issues, including exposed wiring or incorrect installation of wiring
- Poor security, which results in an attack
- Injuries from pets or animals which have been negligently maintained
What Damages Can I Claim?
If it can be proven that the person in charge of the building is liable for your injuries, you may be able to pursue damages and compensation. These can be used to cover essentials, including:
- Any loss of earnings, both at the time of the accident, and taking into account any future loss of earnings or reduced capacity to work.
- Any medical costs, including ambulance trips, hospital stays, physiotherapy
- Alterations to your home or vehicle which are required as a result of your injury
- Compensation for pain and suffering, including psychological treatment if you have witnessed a disturbing or upsetting accident.
How Can We Help You?
Premises liability is a legal responsibility possessed by all property owners, and if you can prove that they have been negligent in their duty, you may be in a position to file a lawsuit and claim any damages or compensation which you may be owed.
Here at Grafe & Batchelor P.C., we have extensive experience when it comes to handling premises liability cases. Our team of experienced personal injury attorneys can help you at every step of the way, and we will work hard to secure the compensation you deserve. You can reach us anytime at (636) 933-9151.