Common Types of Premises Liability Claims
Premises liability law is relevant to all types of accidents that occur on another person, business, or municipality’s property. Whether you were hurt in an acquaintance’s home, injured at school, or suffered an accident at a local business, you should speak with a St. Louis premises liability lawyer at The Cagle Law Firm. We will review the accident, investigate who was at fault, and determine legal liability.
Some common premises liability claims are based on:
- Slip and Falls
- Snow and Ice Accidents
- Pooled Liquid/Slippery Walkways
- Uneven Sidewalks
- Elevator and Escalator Accidents
- Violence/Inadequate Security
- Exposure to Toxic Substances
- Building Code Violation
- Playground and Park Accidents
- Falling Objects
- Dog Bites
- Swimming Pool Accidents
Premises Liability Law
Whether you sustained injuries on someone else’s property in Illinois or Missouri is an important factor in your claim. Each state has its own premises liability laws, dictating when property owners or managers are responsible for another person’s injuries.
In general, property owners are required to keep their premises reasonably safe for you and others. However, a property owner’s duty of care in Missouri depends on your “status.” Whether you were a business invitee, licensee, or trespasser impacts your Missouri premises liability claim.
You are an invitee when you enter the premises with implicit or explicit permission and both you and the owner benefit. If you go into a store as a customer, you are an invitee. As an invitee, a land owner owes you the highest duty of care. They must take reasonable action to keep the property safe for you. If they find a hazard, they must correct it or warn you about it. For invitees, property owners can be held responsible for dangerous conditions they should have known about, not only the dangers they discovered.
You are a licensee if you enter another person or business’s property with permission. However, you are not expected to gain a material benefit from the visit. This includes being a guest in someone’s home. The property owner owes you a duty of care greater than for trespassers, yet not as strict as for invitees. They can only be held responsible for dangerous conditions they had actual knowledge of.
A property owner owes a minimal duty of care when you trespass on their land. They do not have to keep the property safe for you or warn about hidden hazards. They are only prohibited from intentionally harming you, such as by laying traps.
Illinois premises liability law no longer distinguishes between invitees and licensees. Instead, if you have a claim in Illinois, the property owner’s duty of care depends on whether you were a trespasser or non-trespasser. If you had the right to be on the property, the property owner or manager owes you a reasonable level of care to inspect and discover hazards. If the owners or managers find a dangerous condition, they must fix it, block it from access, or warn you about it. If you are hurt while lawfully on another person or entity’s property in Illinois, then you may be able to hold the property owner responsible for dangerous hazards they knew or should have known about and did nothing to protect you from.
If you were hurt on property owned by another person, a business, or a municipality, contact a St. Louis premises liability lawyer right away. An attorney will review the facts of your situation and advise you on whether or not you have a valid claim against the property owner, manager, or tenant. If it appears you have a valid claim, our legal team at The Cagle Law Firm will more thoroughly investigate to gather evidence on your behalf. We can represent you in an insurance claim and pursue the compensation you are entitled to under the law.
The Open and Obvious Exception
If you claim that you were injured on another person or entity’s property, you should be aware of a common defense: open and obvious condition. You may allege that you were injured because of a dangerous defect, such as a cracked and uneven sidewalk. In return, the owner may claim that the shoddy or old sidewalk was an obvious defect that you should have been aware of on your own. The owner may blame you for the accident and assert that your negligence resulted in you not noticing the uneven sidewalk or not being reasonably careful while walking. If an insurer or court sides with the owner, then your financial recovery could be diminished or denied.
If a property owner claims your injuries resulted from an open and obvious hazard and they should not be liable for your injuries, contact a St. Louis premises liability attorney immediately. We will fight to prove that the condition was not open and obvious, or even if it were, the property owner should have anticipated that you could have been harmed and taken steps to correct or warn you about it.
Premises Liability Compensation
After being hurt in an accident because of a property owner or manager’s negligence, contact our St. Louis slip and fall lawyers to discuss possible compensation. If we can establish a valid premises liability claim, then we will pursue compensation for your:
- Medical Costs
- Lost Wages
- Pain and Suffering
- Emotional Distress
- Physical Limitations
- Loss of Future Earning Capacity
- Loss of Consortium and Companionship
- Punitive Damages (when applicable)
The potential value of your claim will depend on several factors, including the egregiousness of the property owner’s actions, the severity of the accident, the type of your injuries, and the gravity of your injuries. In most situations, the more serious the accident and your injuries, the greater the value of your claim.
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Fatal Premises Liability Claims
Slip and falls and other premises accidents are likely to lead to broken bones and traumatic brain injuries. However, an accident can also be much more serious, leading to immediately fatal injuries or a loved one passing way; days, weeks, or months later. After losing a loved one on someone else’s property, call a St. Louis premises liability lawyer at The Cagle Law Firm right away. We will thoroughly review your situation to determine if you and your family have a valid Illinois or Missouri wrongful death claim. If you do, we will guide you through pursuing compensation from the liable party, including:
- Funeral and Burial Expenses
- Loss of Financial Contributions
- Loss of Care and Support
- Loss of Love and Companionship
- Loss of Inheritance
Contact a St. Louis Slip and Fall Lawyer for Help
It can be difficult to know whether you have a premises liability claim. Accidents happen, after all, and they do not mean a property owner is automatically responsible. However, you should be able to move about freely without concern that some hidden defect is going to cause you harm. Property owners are responsible for knowing what is wrong with their property, and if something could be harmful, fixing it or warning others about it. If the property owner where you were hurt was not being responsible and careful regarding their property and those who come on it, you should speak with a lawyer about recovering compensation.