Premises liability actions involve those situations where someone is injured due to improperly maintained, defective, or dangerous property. Outside of automobile accidents, actions based upon the condition of property are the most common Missouri tort actions.

Improperly maintained or defective property can cause several kinds of fall accidents. There is the "slip and fall" where an injured person's shoe and the floor fail to interface properly resulting in a fall. Then there is the "trip and fall" accident, where a person specifically trips on an object or defect on property. Finally, there is the "step and fall" where a person steps into something, such as a hole in the ground, and is injured. The nature of such claims can vary based not only on the kind of injury that you have sustained, but whether the injury takes place on private, public, or commercial property. Furthermore, your classification also plays a role. In Missouri you can be classified in three main ways, an invitee, licensee, or trespasser.

INVITEE:

A business patron is typically classified as an invitee. For example, if you go to Wal-Mart to buy a pair of shoes and you are hurt on their premises, you are classified as a business invitee. To recover in Missouri, you must prove that:

• a dangerous condition existed on the premises;
• the possessor or owner of the premises knew, or, through the use of ordinary care, should have known of the condition;
• the possessor or owner failed to use ordinary care, to remove, remedy, or warn of the danger;
• as a result you were injured.

LICENSEE:

A social guest is typically classified as a licensee. For example, if you are invited to a friend's house for a social gathering you are referred to as a licensee. To recover in Missouri for any injuries you sustain as a licensee you must prove that:

• a dangerous condition existed on the premises;
• the possessor or owner of the premises had actual knowledge of the dangerous condition;
• you lacked knowledge of the condition and could not have discovered it in the exercise of ordinary care;
• the possessor or owner knew or in the exercise of ordinary care, should have known that you were unaware of the condition and could not discover it; and
• the possessor or owner failed to use ordinary care to remove, remedy, or warn of the condition.

TRESPASSER:

If you are injured on property and you have not been invited on the property, you can be classified as a trespasser. The general rule in Missouri is that the owner of the property on which you are injured is not liable for harm caused by the owner's failure to put his property in a reasonably safe condition. However, if you can prove that:

• a dangerous condition existed on the premises;
• the owner of the premises had actual knowledge of the condition; and
• the owner had actual knowledge of the presence of the trespasser, or of the applicability of some other exception to the general rule, you may be entitled to damages under Missouri law.

Children who are injured on another's property can also recover under the "attractive nuisance doctrine." This exception requires that the injured child prove that the owner or possessor of the property, knew or had reason to know that children were likely to trespass on his property.

There are other nuances in Missouri law that can allow trespassers to recover such as situations in which you can prove that the owner or possessor of property knew of recurring trespasses at the location where you were injured, dangerous conditions existing near a public right of way, and hidden dangers intentionally placed to injure trespassers among others. Of course, as with any case, it is critical that you speak with an attorney to determine your rights under the given circumstances and facts of your particular case.

If I am partially at fault for a fall, can I still recover?
Missouri is a pure comparative fault state. This means that even if you are 99% at fault, you can still recover 1% of your damages. As another example, if you are 51% at fault, you can recover 49% of your damages.

If I am a tenant injured in a common area at my apartment complex, what must I prove to recover?
If you are a tenant who is injured in a common area at your apartment complex, you must prove:

• first, there was a condition or defect in the common area that rendered it not reasonably safe,
• second, the landlord knew, or by using ordinary care, could have known of this condition,
• third, the landlord failed to use ordinary care to make said condition reasonably safe, and
• fourth, as a direct result of said failure, you sustained damage.

How much is my personal injury case worth?
A number of factors affect the monetary value of your personal injury claim. These factors include: the nature and extent of your injuries; the amount of your medical bills, lost wages, property damage, and other financial losses; pain and suffering; and present and future disability. Even when those factors are considered, there can be significant variations in the value of a claim based on the amount of insurance available or the assets of the defendant, any comparative fault, and more. Assessing the value of your case isn't an exact science, and Mr. Cox will not be able to give you a definite value up front. However, Mr. Cox will know how to weigh the various factors to give you an overall picture of the strengths and weaknesses of your case.

When should I call a lawyer?
Your first priority should always be receiving appropriate medical treatment. After this, it's never too soon to contact an attorney. You must keep in mind that your case has a statute of limitations, or a time period within which you must file suit in court or be forever barred from any recovery. Even if you are well within the limitations period timely legal advice can be critical.

If you or a family member has been injured, we have the knowledge, experience, and resources to help you. Call Mr. Cox directly at 636-946-6886 or contact us online for a free consultation.

Back to top