St. Louis Premises Liability Attorneys

Missouri and Illinois laws both recognize that property owners must take reasonable steps to protect visitors, though the specific rules differ.

Missouri Premises Liability Law

In general, property owners are required to exercise a “duty of care” to prevent injuries to visitors, but how much of that duty is owed depends on a visitor’s status (invitee, licensee, or trespasser). Invitees, like customers, require the highest duty of care. Licensees, including social guests, require a “duty to warn.” Duty of care is very limited for trespassers.

Under Missouri law (RSMo 537.347), landowners are generally not responsible for injuries if they allow people to use their property for recreational purposes without charging a fee. This means that if someone is injured while hiking, fishing, hunting, or using land for another type of recreation, the property owner usually cannot be held liable, unless there was extreme negligence or intentional harm involved.

However, if you were injured on private or commercial property where the owner:

• Charged you to use the land or facility,
• Knew about a dangerous condition and failed to fix it, or
• Acted recklessly in a way that put you at risk,

Then you may still have a valid premises liability claim.

Our attorneys can review the circumstances of your accident and determine whether Missouri’s recreational use law applies in your case.

Illinois Premises Liability Law

Illinois’ Premises Liability Act (740 ILCS 130) sets the standard for how property owners and occupiers must keep their property safe for visitors.

Unlike Missouri, Illinois no longer makes a distinction between “invitees” and “licensees.” Instead, all lawful visitors are owed a duty of “reasonable care” under the circumstances.

In practical terms, this means property owners in Illinois must:

• Keep their property reasonably safe,
• Repair or remove dangerous conditions they know about, and
• Take reasonable steps to prevent foreseeable injuries.

However, the law also makes clear that property owners are not automatically responsible for every accident. For example, they generally do not have to:

• Warn about dangers that are obvious or already known to the visitor,
• Warn about hidden dangers that they themselves didn’t know about, or
• Protect visitors from misusing the property in unsafe ways.

When it comes to trespassers, Illinois law still provides minimal protection. Landowners usually only have to avoid willful or wanton conduct that could intentionally harm a trespasser.

Our attorneys can review your unique situation, explain how the law applies, and fight to recover the compensation you deserve.

Premises liability covers a wide range of unsafe property conditions, including:

• Slip & Fall Accidents: Wet floors, icy sidewalks, loose carpeting, and uneven surfaces are frequent causes of slip and fall injuries. Property owners have a duty to warn about these hazards, and when they fail to do so, victims may suffer broken bones, head trauma, or other serious injuries.
• Trip & Fall Hazards: Poorly maintained sidewalks, cluttered aisles, or exposed cords can cause someone to trip unexpectedly. While these incidents may sound minor, they often lead to long-term injuries that disrupt daily life and work.
• Inadequate Security: Property owners must provide reasonable security measures, especially in places like apartment complexes, parking garages, or entertainment venues. When they neglect to install proper lighting, surveillance, or security staff, victims can be left vulnerable to crimes such as assault or robbery.
• Dog Bites & Animal Attacks: Pet owners and property owners are responsible for ensuring animals on their property do not harm others. If you’re bitten by a dog or attacked by another animal, you may be entitled to compensation for medical care, scarring, and emotional trauma.
• Dangerous Conditions on the Property: Hidden hazards like broken stairways, faulty elevators, defective railings, or unsafe construction zones can all cause severe injuries. Property owners are expected to repair or warn visitors of these dangers to keep the premises reasonably safe.
• Swimming Pool Accidents: Swimming pools present unique risks, including drowning, chemical exposure, and slip hazards around the deck. Pool owners must follow safety regulations and take steps to prevent accidents, especially when children are involved.

These are just a few examples of premises liability claims. Each case is different, and the details matter, which is why consulting with an experienced attorney can help you understand whether the property owner may be held accountable for your injuries.

Depending on the circumstances of your injury, responsibility may fall on one or more parties, including:

• Private property owners
• Commercial business owners
• Property managers or landlords
• Government agencies (with specific filing rules)