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Frequently Asked Questions

In this case, it is completely dependent on the circumstances of the incident. If a person slipped and fell on a sidewalk because the hotel failed ice and scrape the walkways, the hotel would be liable for that accident. But, if an individual fell in the lobby because they had been drinking too much alcohol, the responsibility falls to the individual, not the hotel.

Yes, property owners must comply with all standards of safety. This not only includes legally mandated safety measures such as smoke detectors or an escape ladder on the second floor in case of a fire, but also safety measures that may not be legally required but highly suggested such as fixing a loose railing on a stairway or ensuring the sidewalk is free of cracks and holes.

While it may seem overwhelming after a premises liability accident to think about the next steps, hiring a lawyer is very important. Legal processes can be incredibly confusing, but a St. Louis premises liability lawyer is there to help you receive the compensation you deserve.

St. Louis Premises Liability Law

In the State of Missouri, both residential and commercial property owners owe visitors a certain duty of care to ensure their property is up to the highest caliber of safety. If a property owner fails to prevent dangerous conditions on the property, they can be held liable for the visitor’s injuries.

In regard to personal injury lawsuits, premises liability is a concept that describes a case where an injury or wrongful death was caused by some type of unsafe condition or defective product on someone else’s property.

According to Missouri law, the person(s) responsible for liability on private premises is the party who had possession or control of the premises where the injury occurred.

This means that the tenant of a property, be it residential or business, is responsible for the safety of any persons who are invited on that property or should be reasonably expected to be on the property. If a property owner fails to ensure the property is properly maintained and all safety hazards are eliminated, and catastrophic injuries do occur, the owner of the property can be held liable.

Workers’ compensation is also a type of premises liability law. If you were injured while at work, your lawsuit may qualify as two entities, and it is important to discuss this matter further with a qualified, experienced personal injury attorney.

 

Common Causes of Injury

While all property owners should be aware of the dangers and risks a property poses, many fail to warn visitors, putting said visitors in a potentially risky situation that could result in injuries, and in some cases, death.

 

What Are My Premises?

If you reside on the property or own the property and no third parties reside on the property via lease, you likely are considered the liable party. If you rent or lease the property from another party, you are likely to consider the liable party.

Your premises may include, but are not limited to:

  • Your home or apartment;
  • Your yard, pool, outdoor areas;
  • Your car or another vehicle; or
  • Any unoccupied space or land that you hold the title of ownership to.

 

The best way to determine who is liable for injuries that occur on private property is to consult with a St. Louis premises liability lawyer.

 

Proving Fault in a Premises Liability Accident

There are two basic rules for determining who is at fault for a premises liability accident. First, the owner must have neglected the safety of the premises. And second, you, the visitor, must have been on the property with permission. If you were trespassing, your claim will be null and void because you were breaking the law, and the property owner cannot be held responsible for an accident that happened while you were there without his or her knowledge.

If both of those are true, it is likely the property owner can be held liable for the injuries you sustained while on the property.

 

Hiring a St. Louis Premises Liability Lawyer

Hiring a personal injury lawyer can have several benefits for those who have been injured in a premises liability accident. An experienced legal representative will be able to help you navigate the steps of a complicated civil lawsuit process. Your attorney will work with you through the steps listed below to ensure that your claim is as legally viable as possible.

  1. Proving liability for the accident is paramount to a successful lawsuit.
  2. Gathering evidence to prove your claim. Typically, this is known as the discovery phase of the lawsuit and includes collecting medical records and bills, reviewing incident reports, such as the police report, compiling statements from witnesses, reviewing photos and videos from the time of the incident, conferring with experts to support your claim, and speaking with doctors about the extent of your injury.
  3. Filing the lawsuit.
  4. Negotiating with the defense, which not only includes the person at fault but their legal team and insurance companies. Typically, a premises liability claim will resolve during the settlement portion of the lawsuit, but if settlement negotiations fail, the case will proceed to trial.
  5. Going to trial. The judge presiding over the case or the jury will decide the outcome of the case.

 

Damages

The end goal of the lawsuit is to get you the compensation you deserve for the pain and suffering you’ve endured. Compensation for the damages that you have suffered can include quite a few things, including, but not limited to:

  • Costs of medical treatment
  • Costs of rehabilitative therapy
  • Any lost wages during your recovery time
  • Emotional distress
  • Any other out-of-pocket expenses, both past, and present

 

St. Louis Premises Liability Law Firm

TorHoerman Law

Our team of experienced personal injury lawyers specializes in St. Louis premises liability lawsuits. We have won more than $4 billion in verdicts and negotiated settlements for our clients. Our St. Louis premises liability law firm operates on a contingency fee basis. Thus, you do not owe any payment until you have been compensated for your injury. Contact a St. Louis premises liability lawyer today at TorHoerman to discuss your legal options. You may use the chatbot below for a free, no-obligation case consultation.

 

“Personal and Premises Liability Insurance | What Is It and How It Works | Square One.” Square One Insurance Services, Pacific Specialty Insurance Company, 25 Apr. 2012, www.squareoneinsurance.com/us/liability-insurance-basics.

More than $4 Billion Awarded in verdicts & negotiated settlements

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