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Holding Negligent Property Owners Accountable For Unsafe Conditions
Missouri law dictates that property owners have a legal responsibility called a duty of care to maintain their premises to prevent hazardous conditions that could lead to accidents and injuries. However, often, property owners fail to live up to their responsibilities, and visitors to their premises suffer injuries.
Even though an individual may suffer an accident due to dangerous conditions, an insurance company often tries to blame the victim to deny or minimize the potential payout. Insurers are typically more interested in their financial bottom line than the well-being of accident victims.
As a result, anyone injured in a premises liability accident must hire an experienced lawyer to thoroughly evaluate their case and determine what legal strategy may suit the situation.
Contact the Labovitz Law Firm of St. Louis, MO, and ask to schedule a free case evaluation to learn more about our services.
What is a Premises Liability Claim?
In Missouri, when a property or business owner fails to prevent dangerous conditions that result in someone being involved in an accident, the injured party may be able to file a premises liability claim.
Some of the most common places where individuals suffer premise liability accidents include:
- Amusement park
- Cruise ships
- Escalator accidents
- Grocery stores
- Hotels
- Parking lot
- Restaurant
- Shopping mall
- Swimming pool
However, Missouri law dictates that four legal elements must be successfully demonstrated to prove liability. These legal elements include:
- The property owner or landlord must have owned the property where the injury occurred.
- The injury victim must have been an invitee or licensee on the premises.
- The property owner must have been negligent in preventing the accident from occurring.
- The property owner’s negligence resulted in the individual being injured and suffering damages.
Why Do Premise Liability Accidents Occur?
Premises liability cases may occur for several reasons, one of the most common being a slip and fall. Some of the most frequently reported causes of premises liability claims include:
- Inadequate lighting
- Loss or torn carpeting or floor tiles
- Uneven sidewalks
- Negligent security
Often, a store owner or manager will fail to place wet floor signs in view, leaving an unsuspecting customer to suffer a fall accident. In other instances, a large retail store such as Walmart may fail to remove snow or ice from its sidewalks in the winter, causing an individual to sustain a fall injury.
Finally, tenants in an apartment building are often injured because the landlord or maintenance company fails to repair broken or uneven steps or loose or missing handrails.
Suppose you have sustained a personal injury due to the property owner’s actions or inactions. In that case, you must hire an experienced personal injury lawyer who will fight to help you obtain the compensation you deserve.
The Labovitz Law Firm has comprehensive experience handling complex premises liability cases and obtaining favorable client results.
Can I Recover Financial Compensation After Being Injured as a Result of a Property Owner’s Negligence?
If you have been injured due to a property owner’s negligence, you may be able to file a claim to try and recover economic and non-economic damages.
Economic Damages
Economic damages are granted to reimburse accident victims for out-of-pocket expenses incurred due to injury and may include:
- Current or future medical expenses
- Lost wages
- Loss of earning capacity
Depending on the severity of the injury, the victim may require costly long-term medical treatment such as physical therapy or rehabilitation. However, an experienced attorney can work to have these costs included in a settlement.
Non Economic Damages
Non-economic damages are meant to compensate an injury victim for intangible losses suffered due to being injured. Some frequently awarded non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement and scarring
Wrongful Death
Those who have lost a family member due to wrongful death that was the result of negligence may be able to file a premises liability lawsuit to recover damages. Some of the damages a family may be able to recover include:
- Funeral and burial expenses (within reason).
- Medical expenses incurred by the decedent as a result of their fatal injury.
- Loss of income.
- Loss of companionship, guidance, and support.
What Types of Results Can I Expect if I Hire Your Premises Liability Lawyer?
Premises liability claims can stem from anything from toxic fumes, assaults, or a landowner failing to maintain their property for visitors. Regardless of how your injury occurred, you must have an experienced lawyer on your side who will act as your legal advocate.
Specific legal procedures must be followed if your premises liability claim involves a government agency. The Labovitz Law Firm has experience handling all premises liability claims.
Additionally, our injury attorney has established solid relationships with the medical profession in the St. Louis area. Our law offices use these relationships to help gather information and build and strengthen cases.
One of the most common issues that many accident victims encounter involves insurance companies not wanting to pay what the claim is worth. However, our premises liability lawyer is passionately committed to defending our client’s legal rights and obtaining maximum compensation for their claims.
Finally, our legal team strives to inform clients of any changes or progress that may occur with their case. Our personal injury attorney takes pride in the fact that he is easily accessible to clients and maintains communication, so they never feel left in the dark.
Contact the Labovitz Law Firm of St. Louis, MO, at 314-668-2268 and ask to schedule a free no-obligation consultation to discuss your legal needs and learn how we can assist you.