If you or a loved one sustained an injury on property someone else owns, you may be entitled to compensation by filing a premises liability lawsuit. An Arnold premises liability layer from Albers Injury Law can help you navigate the legal system and fight for the compensation you and your family deserve.
Common Premises Liability Claims in Arnold, MO
When you receive an injury on someone else’s property, you may incur medical expenses, lost wages, and pain and suffering. To have a valid case, you must prove that the property owner was negligent in warning you about or addressing hazards on the property. Some of the most common premises liability claims in Missouri include:
- Accidents in swimming pools
- Incidents from broken equipment
- Injuries from slips and falls
What Constitutes a Premises Liability Claim?
A premises liability case is only valid if you can prove that the property owner was responsible for the injuries you or your loved one received. If the owner provided adequate warning about potential hazards, your case may not qualify for compensation.
Your claim must meet four criteria to pursue compensation in a premises liability lawsuit. An Arnold premises liability lawyer can help prove that:
- A specific hazard on someone else’s property caused the incident.
- It is reasonable to expect the property owner to have known about the hazard.
- The property owner failed to provide a warning and did not address or repair the issue.
- You could have avoided injury had the property owner not been negligent about resolving the issue.
Every property owner has a legal obligation to maintain a safe environment for visitors. Owners know this obligation as the duty of care, and it varies slightly depending upon the type of visitor on the property. Visitors fall into one of three categories:
- Invitees: People who enter a property for commercial purposes fall into this category. Property owners who entertain invitees have the highest duty of care because the guests may not have much knowledge about the property’s layout and are less likely to recognize potential hazards.
- Licensees: People who spend time on another person’s property for non-commercial purposes are considered licensees. Property owners have a moderate duty of care. They must still address obvious hazards, but because non-commercial guests are more likely to be familiar with the property, they are not at risk for minor issues.
- Trespassers: People who enter a property without the express permission of the owner are trespassers. Owners have the lowest duty of care to trespassers because they engage in illegal activity when they come onto the property. Owners are only responsible for injuries to trespassers if they manufacture the hazard or fail to provide signage warning of existing hazards.
What Can You Sue for When You’re Injured?
You can sue for any property hazard that contributed to your injury as long as you can prove negligence on the part of the owner. The attorneys at Albers Injury Law in Arnold, Missouri, have worked with a wide variety of liability cases. We can help you seek compensation for injuries resulting from nearly any property hazard, including:
- Uneven sidewalks
- Poor lighting conditions
- Slick surfaces with inadequate signage
- Loose floorboards and railings
- Bad electrical wiring
What Type of Compensation Can You Receive in a Premises Liability Case?
You may receive compensation for expenses you incurred after the injury. The state of Missouri classifies compensation types into two categories.
General damages are those that have no monetary value. Pain and suffering fall under this category. The insurance company or a judge will assign a monetary value to the settlement based on the extent of your pain and suffering as a result of the incident.
Special damages are those that have a specific monetary value attached to them. They include medical expenses and lost wages. To receive compensation, you must have documentation detailing exactly how much money the accident cost you.
How Long Do You Have To File a Claim?
The statute of limitations for a premises liability case in Missouri is five years, according to Missouri Revised Statute 516.012. You should contact a premises liability lawyer in Arnold if you think you have a valid claim. It typically takes a few weeks for an attorney to gather the paperwork necessary to initiate the claim.
The lawsuit does not have to reach a settlement within five years of the incident to be valid. As long as a lawyer files the claim within that statute of limitations, you stand to receive compensation for the injuries you or your loved one received on someone else’s property.
Speak With an Arnold Premises Liability Lawyer Today
At Albers Injury Law, we devote our careers to helping you and your family members fight for compensation after being injured on someone else’s property. We use all of our knowledge and resources to represent your best interests and try to prove you deserve compensation for your or your loved one’s injuries. Contact us today to speak with an Arnold premises liability lawyer in Missouri about the details of your case.
FAQs About Premises Liability
How long does a premises liability lawsuit take, and will it settle or go to a jury trial?
In most premises liability lawsuits, the two conflicting parties agree on a settlement within a year of the initial claim filing. The process may take up to two years if both parties cannot reach an agreement and the case must go before a jury.
What should you do when the property owner’s insurance company contacts you?
It is always the best practice to let an Arnold premises liability attorney communicate with the property owner’s insurance company regarding your case. If you must speak with an insurance company, avoid discussing details and focus only on the base facts.
Can you file a claim against your landlord?
You may file a lawsuit against your landlord for premises liability, but you must prove that the landlord had a duty to you. The state only holds landlords responsible for your injury if they failed to provide proper warnings, the injury occurred in a common space, or they were negligent in repairing known hazards.