The concept of premises liability surfaces during personal injury cases when the injury occurred due to a dangerous condition on someone else’s property. If you slipped and fell, were bit by a dog, were exposed to toxic fumes, or were assaulted on someone else’s property, you might have a premises liability case on your hands.
Examples of Personal Injury Cases that Can Involve Premises Liability
slip and fall
snow and ice accidents
inadequate maintenance
defective conditions
inadequate building security
elevator and escalator accidents
dog bites
swimming pool accidents
amusement park accidents
fires
water leaks or flooding
toxic fumes or chemicals
Owner Negligence
In order to win a premises liability case, it must be proven that the individual was injured because the property owner was negligent in regards to ownership or maintenance of the property.
If you were injured on someone else’s property, it does not automatically mean that the property owner was negligent. Even if the property might have been in a dangerous condition, it does not unquestionably mean that negligence can be proved.
To be negligent, the property owner would have to have known or should reasonably have known that the property was in a dangerous condition, and that he or she did not take the proper steps to take care of the situation.
Landlord/Tenant Responsibility
When it comes to apartment complexes or commercial properties, usually a landlord is not responsible for the injuries of a tenant’s guest. In cases like this, the tenant is assumed to have control of the condition of the property. An exception would be if a dangerous condition existed when the tenant took possession of the property and was concealed. Another exception occurs when a landlord does a repair for a tenant.
Trespassing
If you are an uninvited guest, or a trespasser, and you get injured on another person’s property, the law is usually not in your favor. The general rule in Missouri is that the owner of the property is not responsible for any harm caused by unsafe conditions on his/her property, if a trespasser is injured.
Personal injury and premises liability cases can become complicated very quickly. At Liberty Trial Law Group, we know the law, we can navigate exceptions, and we understand these types of cases. If you need legal assistance or further information regarding premises liability or a personal injury case, contact Liberty Trial Law Group.
