Were you injured after stepping foot on someone else’s property and running into a hazard? People who own property have a legal duty to maintain their premises and keep them in safe conditions for visitors.
When they fail to do so, serious accidents and major injuries can arise from their lack of care. At Foster Wallace, we understand that premises liability cases can leave victims feeling confused, upset, and overwhelmed, but we want you to know you’re not alone.
We have over 45 years of combined experience representing our clients as their Shawnee personal injury lawyer. In that time, we’ve recovered over $1 billion in compensation. We’re ready and willing to advocate for you as your Shawnee premises liability lawyer.
Visitor Classification and a Property Owner’s Duty of Care
Missouri state laws divide visitors into three primary classifications, each with different levels of protection under premises liability laws:
- Invitees
- Licensees
- Trespassers
Invitees
Invitees are those who enter a property for a business-related purpose, such as customers of a store, diners in a restaurant, or guests at a hotel. Property owners owe a duty of care to invitees. Here’s what that means:
- Regularly inspecting the property for hazards
- Fixing dangerous conditions promptly
- Providing clear warnings of known risks
- Ensuring reasonable security measures are in place
If a business fails to maintain safe conditions, it can be held liable for injuries caused by slippery floors, broken stairs, falling merchandise, or inadequate lighting.
Licensees
Licensees are people who enter a property with the owner’s permission, though they do so for non-business-related purposes. This includes but is not limited to social guests, delivery drivers, and maintenance workers.
Property owners must warn licensees of known dangers, but they are not required to inspect the premises for unknown hazards. For example, if a homeowner is aware of a loose railing on a staircase, they must let visitors know about it.
Trespassers
A trespasser is someone who enters a property without permission. Missouri law generally does not require property owners to protect trespassers from harm. At the same time, property owners cannot intentionally create hazards to cause injuries to trespassers.
There is an exception for child trespassers, according to the attractive nuisance doctrine. If a property has a dangerous feature that may attract children—such as an unfenced swimming pool or abandoned machinery—the owner must take reasonable steps to prevent access.
If you’re not sure if you suit any of these legal definitions, your premises liability lawyer in Shawnee can help you understand what applies to you.
Common Causes of Premises Liability Accidents in Shawnee
Premises liability claims stem from a wide range of hazardous conditions that property owners fail to address. These are examples of circumstances that commonly result in premises liability incidents:
- Slip and fall accidents: Wet floors, loose carpeting, icy sidewalks, broken stairs, and other trip hazards can cause major injuries.
- Inadequate security: Poor lighting, broken locks, and lack of security personnel can lead to assaults, robberies, and violent crimes on commercial or residential properties.
- Defective conditions: Structural defects, collapsing balconies, unsafe stairways, and broken railings can lead to serious falls and catastrophic injuries.
- Dog bites and animal attacks: Property owners are responsible for restraining aggressive animals and warning visitors about potential dangers, so when they fail to do so, incidents are far more likely to transpire.
- Swimming pool accidents: Unfenced pools, lack of supervision, and slippery pool decks pose drowning risks.
- Elevator and escalator accidents: Malfunctions, sudden stops, and improper maintenance can cause people to sustain painful or life-threatening injuries.
- Toxic exposure: Mold, lead paint, asbestos, and chemical spills can cause respiratory illnesses and poisoning.
- Falling objects: Poorly secured merchandise, unstable shelving, and construction site debris can cause head injuries and fractures.
In commercial properties, common claims involve slip and fall incidents and falling objects. In residential settings, premises liability cases are often the result of unsafe living conditions and swimming pool accidents.
Contact our Kansas city personal injury lawyers now.
Missouri’s Statute of Limitations for Premises Liability Claims
Missouri law imposes a five-year statute of limitations for premises liability claims. This means that an injured party has 60 months from the date of the accident to file a lawsuit.
Certain exceptions, such as the following, may extend or shorten the deadline:
- Claims against government entities: If the accident occurred on public property, the timeframe to file a claim is much shorter, and a situation like this often requires you to provide notice of the accident within 90 days of the moment it occurred.
- Claims involving minors: If the victim is under the age of 18, the statute of limitations may be paused until they reach adulthood.
- Discovery rule: If an injury is not immediately apparent, the statute might begin when the injury is discovered—or should have been discovered—instead of when the event took place.
Call Our Premises Liability Attorneys in Shawnee Today for Legal Guidance and Advice
Do you have a premises liability case on your hands? These matters are primarily governed by state laws that establish property owner responsibilities and define visitor rights. It all comes down to property owners failing to uphold the duty of care they owe to people like you.
These cases commonly arise from security failures, defective conditions, or dog attacks, among other types of personal injury incidents. No matter the exact cause of your personal injury, our premises liability attorneys in Shawnee are here to help.
The sooner you reach out to our Shawnee premises liability lawyers, the sooner we can look into the details of your case and identify how to proceed as we work toward a favorable outcome in your case. Contact Foster Wallace as soon as possible for more information.
