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What types of injuries are commonly involved in premises liability cases?
The classic example of a premises liability case is the situation in which a visitor slips on a broken stair, falls and suffers an injury. The property owner or manager has a duty to maintain property in good repair and fix recognizable hazards such as loose steps. Slip and falls are common injuries in premises liability cases. Others include falls, head injuries, back injuries, dog attacks, and assaults due to inadequate security. Shopkeepers have a higher duty to keep property free of hazards because of the expectation of public visits to the premises.
I was injured in a construction accident while working for a subcontractor on a job. I am receiving workers’ compensation. The general contractor had failed to correct safety concerns at the worksite before the accident. Is the general contractor also liable?
Premises liability cases are very fact specific, so we would like to know more details about the workplace accident. Generally speaking, the owners of a construction site or managers of the site, such as a general contractor, are not responsible for providing safe sites free of known and foreseeable hazards. However, if another subcontractor was negligent and created an safe worksite, that contractor may be liable for injuries under Missouri premises liability law. In Illinois, a general contractor is generally not liable for the acts of an independent contractor unless the general contractor retains some control over the manner in which the work is done. In certain circumstances, the general contractor may be liable if he knew of a dangerous condition created by an independent contractor and failed to correct it.
While working on a job site for a general contractor, I was struck by a forklift operated by an inexperienced driver employed by a subcontractor and suffered a foot amputation. I am out of work and receiving medical care through workers compensation. But I may not be able to return to my former job because of my injuries. Can I sue the subcontractor?
It’s a good question and definitely worth having an experienced premises liability lawyer review the specifics of the accident. The subcontractor has a legal responsibility to provide training to workers and operate equipment safely. Without knowing all of the specifics of the case, generally speaking, if the subcontractor permitted an untrained driver to operate a forklift and caused your amputation accident, the subcontractor may be liable for negligence in your injury. You may have a premises liability claim against the untrained driver of the forklift and the subcontractor who employed the driver.
I fell and broke my hip in an icy parking lot at a St. Louis shopping mall. The mall has refused to pay any of my medical bills. Do I have a premises liability case?
Possibly. It’s important to have an experienced St. Louis premises liability lawyer review the specifics of your case. A visitor to a mall is known in Missouri law as a business invitee. The property owner has a duty to maintain the property free of known hazards.. This duty is not extended to removal of ice and snow under Missouri law. However, if the property owner attempts to remove the ice and snow and does so improperly they may be held liable for the injuries that result. In Illinois, property owners are not required to remove natural accumulations of snow and ice. An owner may be liable for a slip and fall if they have caused an unnatural accumulation of ice and snow such as creating a mound of snow that melts and forms ice on a sidewalk. It’s important to understand what steps the mall property manager had taken to remove the ice and snow from the parking lot and whether the icy area was barricaded and marked as hazardous.
I was working for a subcontractor on a construction site and suffered a crushing injury when a load of steel beams shifted and fell on me, pinning my legs. The beams had been stacked too high by the general contractor so that they were unstable. Do I have a premises liability claim?
Property owners and managers, such as the general contractor, are responsible for the safety of a construction site and have a duty to warn workers of known hazards and maintain the property in reasonably safe condition. Under Missouri law, a subcontractor is prohibited from suing the general contractor or his employer. However, employees of a general contractor can hold the subcontractors liable for injuries caused by their negligence. Furthermore, if a subcontractor is injured because of the negligent actions of another subcontractor, they may pursue an action against the subcontractor. It’s important to have an experienced construction accident premises liability lawyer advise you.
Have Questions for a Premises Liability Lawyer in Missouri or Illinois?
If you or a loved one has been seriously injured due to the negligence of a premises owner or manager, a skilled St. Louis premises liability lawyer at The Cagle Law Firm is available to answer your questions. We’ll review the specifics of your case free of charge. The premises liability attorneys at The Cagle Law Firm handle premises liability accidents in St. Louis and the greater St. Louis metropolitan area, including the Missouri and southern Illinois communities of Ballwin, Belleville, Chesterfield, Collinsville, East St. Louis, Edwardsville, Kirkwood, Mehlville, Oakville, University City, Arnold, Columbia, Florissant, O’Fallon, St. Charles, St. Peters and Wildwood. No matter where you are located in Missouri or Illinois, the skilled personal injury lawyers at The Cagle Law Firm are committed to providing exemplary legal representation.