Whether you’re visiting someone’s home, shopping at a local store, or attending an event, property owners have a duty to maintain a safe environment for their visitors. Accidents can happen anywhere for various reasons. But what happens when they fail to uphold their responsibility, and your accident results in an injury?
Enter premises liability law. Premises liability determines whether a property owner or occupier can be held accountable for injuries sustained due to unsafe or negligent conditions on their property. In this blog, we’ll explore the concept of premises liability, applicable scenarios, what you need to know if you’ve been injured on someone else’s property, and when it’s time to contact experienced premises liability attorneys in St. Louis.
What is Premises Liability?
In short, premises liability, as defined by Merriam-Webster, is “liability arising from injuries or losses occurring on one’s premises.” This broad definition may encompass various injuries resulting from a dangerous condition on someone’s property. Premises liability refers to injuries caused by unsafe conditions on a property due to the owner’s negligence. Not all injuries qualify; it must be shown that the property owner failed to address preventable hazards.
What Needs to Be Present for Premises Liability Claims?
To have a valid premises liability claim, there has to be a dangerous condition present on the property at the time of your injury. It must be proven that the property owner or individual in charge of the property was negligent and that negligence resulted in your injury. Dangerous conditions and property owner negligence can be present in various ways:
Dangerous Conditions
A dangerous condition on someone else’s property could mean many things, including:
- Weather-related accumulations, such as snow and ice, on driveways, sidewalks, and parking lots
- Foreign substances on a store floor
- Unrestrained animals with aggressive characteristics
- The presence of dangerous chemicals or substances
- Criminal or violent activity
- Improperly designed or constructed buildings
Property Owner Negligence
Dangerous conditions alone do not qualify for premises liability lawsuits. The dangerous condition must exist because the property owner or person in charge of the location was negligent, meaning they:
- Created the dangerous condition
- Didn’t properly inspect the property to discover the dangerous condition
- Recognized the dangerous condition but didn’t remove or fix it
- Failed to warn visitors about the dangerous condition
What Types of Cases Fall Under Premises Liability Law?
People may be injured on another’s property for various reasons, but some liability claims are more common than others. The following are two critical, common areas of premises liability law: personal injury cases and negligent security claims related to sexual assault.
Personal Injury
Premises liability law covers many personal injury cases where the property owner’s negligence led to unsafe conditions. The most common types include:
- Slip, Trip, and Fall Claims: These are some of the most frequent premises liability cases. Injuries often occur due to wet floors, uneven surfaces, loose rugs, or poorly maintained sidewalks. Property owners are responsible for addressing hazards and warning visitors when such dangers exist.
- Dog Bite Claims: If an owner fails to control a dangerous dog, resulting in an attack, they may be held liable for any injuries. This is especially relevant when the owner knows the animal’s aggressive tendencies.
- Elevator and Escalator Accidents: Poor maintenance or defective machinery in elevators and escalators can lead to severe injuries. Property owners must ensure regular inspections and repairs to prevent accidents.
- Swimming Pool Accidents: Whether caused by lack of supervision, broken fencing, or slippery poolside surfaces, swimming pool injuries can lead to serious liability claims.
- Fire Safety Violations: Fires on poorly maintained properties caused by faulty wiring, lack of functional fire extinguishers, or obstructed exits can result in significant injuries and premises liability lawsuits.
When property owners fail to maintain a safe environment, the consequences can be severe. Victims of personal injuries may be entitled to compensation for their medical expenses, lost income, and pain and suffering. Anyone injured on another’s property should consult with personal injury lawyers experienced in premises liability.
Sexual Assault
In cases of sexual assault on a property, premises liability law often focuses on negligent security. Property owners have a duty to provide adequate safety measures to protect visitors, particularly in locations where assaults are more likely to occur, such as:
- Apartment complexes
- Hotels
- Parking garages
- Nightclubs or bars
Examples of negligent security include insufficient lighting, lack of functional security cameras, broken locks, or the absence of on-site security personnel. When property owners fail to take reasonable steps to prevent foreseeable harm, victims of sexual assault may have grounds for a premises liability claim.
If you or someone you know has experienced an assault due to negligent security, our sexual assault attorneys are here to help you navigate your legal options and seek justice.
What Do You Need to Prove in a Premises Liability Case?
For a successful premises liability claim, you must demonstrate specific legal elements to prove the property owner’s negligence directly caused your injury. These elements include:
- Establishing duty of care
- The existence of a dangerous condition
- The property owner’s knowledge of the danger
- Their failure to address the hazard
- Damages incurred as a result
Duty of Care
Property owners owe visitors a duty of care, meaning they must keep their property reasonably safe. The extent of this duty depends on the visitor’s status:
- Invitee: These individuals are invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees, ensuring the premises are safe and conducting regular inspections to identify potential hazards.
- Licensees: These visitors are social guests or individuals visiting for non-business reasons, such as an unannounced friend visiting or a construction worker digging for municipal sewer lines. Property owners must warn licensees of any known dangers that may not be obvious.
- Trespassers: Those who are not allowed or invited on your property can be protected by premises liability coverage. Property owners generally owe the least duty of care to trespassers but may still be held liable if they knowingly create hazards likely to harm someone. For example, a property owner cannot set any “trap” on land to cause harm, as a trespasser can file a premises liability claim if injured. However, “justifiable force” may be used for protection without risking a premises liability claim, such as installing a barbed wire fence. If a child has trespassed on a property and been injured, the property owner may bear the burden of liability if the child was injured by an “attractive nuisance,” like a swimming pool that was inadequately secured.
Existence of a Dangerous Condition
To hold a property owner liable, you must prove there was a dangerous condition on the property, such as:
- Wet floors without warning signs
- Uneven or broken stairs
- Poorly lit areas
- Faulty equipment or structures
The dangerous condition must also have posed an unreasonable risk of harm that could have been addressed through proper maintenance or warnings.
Owner of Premises Knew or Should Have Known of Dangerous Condition
The property owner must have known—or reasonably should have known—about the hazardous condition. This involves demonstrating that:
- The owner or employees created the danger.
- The hazard existed long enough that a reasonable property owner would have noticed and fixed it.
- Routine inspections were either not performed or improperly conducted.
Owner Failed to Use Ordinary Care to Remove, Remedy, or Warn of the Risk
If a property owner knew about the dangerous condition but failed to act, they breached their duty of care. This breach could involve failing to repair the hazard, neglecting to block off access to it, or not providing sufficient warnings.
Damages
Finally, you must prove that the property owner’s negligence caused actual damages, which may include:
- Medical Expenses: Costs for emergency care, surgeries, rehabilitation, or ongoing treatments.
- Lost Income: Compensation for missed work or reduced earning capacity due to your injury.
- Pain and Suffering: Non-economic damages for emotional distress and diminished quality of life.
- Property Damage: Costs to repair or replace damaged personal property.
Premises Liability Law in Missouri
Missouri premises liability law sets the framework for determining the reasonable care owed by the property owner based on the visitor’s status. Under Missouri law, property owners owe the greatest duty of care to invitees, requiring them to inspect and maintain their premises regularly.
Missouri courts also evaluate whether the dangerous condition was open and obvious, as property owners may not be liable for hazards that a reasonable person would recognize and avoid.
When to Contact a Premises Liability Attorney
If you’ve been injured on someone else’s property, understanding your rights is essential to seeking the compensation you deserve. Premises liability claims can be complex, requiring a thorough investigation and clear evidence of negligence.
The experienced attorneys at Simon Law specialize in premises liability cases, focusing on helping invitee clients recover damages for their injuries. Don’t navigate the legal process alone—contact an experienced premises liability lawyer at Simon Law today to discuss your case and explore your options for justice and compensation.
