If a person who owns or occupies a property fails to keep it in safe condition resulting in someone suffering harm, the injured person has the right to seek damages. Under premises liability law, property owners are required to keep the property safe for legal visitors and are financially liable for any harm that results of their negligence.
If you were hurt when on someone else’s property, consulting a Wildwood premises liability lawyer right away could be highly beneficial. A knowledgeable attorney could review your situation to determine if you are eligible for financial compensation.
Different types of accidents might fall under the premises liability law.
Common situations that might lead to a dangerous property claim include:
A savvy unsafe property attorney in the area could investigate a particular incident to identify potential liable parties and ascertain the appropriate legal theory to hold them accountable.
Any injured person seeking damages in a premises liability case must establish that the owner or occupier of the space was negligent. Proving negligence requires a skilled lawyer to demonstrate that the Wildwood property owner or occupier breached a duty to the plaintiff which directly resulted in their injury. However, the duty the property owner owes depends on whether the visitor is an invitee, licensee, or trespasser.
Patrons and visitors to businesses or public spaces are considered invitees. Owners and occupiers must inspect the premises regularly to ensure there are no hidden hazards and promptly repair any dangerous conditions. Owners and occupiers must warn invitees of any hazards they have not yet repaired. A failure to keep the premises safe and warn of dangers is considered negligence.
Social guests and people on the property with the defendant’s knowledge and permission are called licensees. Owners and occupiers have a duty to warn licensees about known hazards that are not open and apparent. Owners and occupiers do not need to inspect their property to find hidden hazards and they have no duty to repair unsafe conditions for the benefit of a licensee.
The only obligation an owner or occupier has toward a trespasser is not to intentionally create a condition that might harm them. People who were injured while on private property without permission typically cannot collect damages.
Children not old enough to understand the risks of their behavior get special protection under Missouri law. Owners and occupiers must take affirmative steps to protect children if there is a man-made feature on their land that could attract a child. If a property has a trampoline, swimming pool, playset, sandpit, shed, or other building that a child might find enticing, the owner or occupier has an obligation to prevent children from entering and possibly injuring themselves.
Most of the time, Missouri law grants injured people five years to bring a negligence suit seeking damages. Although it is unwise to wait long before beginning the process of seeking damages, the generous statute of limitations prevents people from losing their right to sue because of a technicality.
However, delay for even a few months could deprive an injured person of their right to damages if the accident happened on property belonging to a local government within the state. Missouri Revised Statutes §81.060 states that anyone seeking damages against a local government must file a notice of claim within 90 days of their accident. An experienced premises liability attorney in the area could preserve the injured party’s rights by ensuring all papers are filed on time.
If you were hurt on someone else’s property, you need sound advice and a supportive advocate. A Wildwood premises liability lawyer could provide both. The sooner you act, the easier it will be to build a strong case. Schedule a case review today.