If you were hurt while at a place of business or visiting another person’s property, you may be able to hold them responsible for your financial losses. However, pursuing compensation through a legal claim can be complicated, which is why you should reach out to a skilled injury attorney.
A Sunset Hills premises liability lawyer could assess your situation, gather evidence, and help you file a lawsuit against the responsible parties. An attorney may also be able to help you negotiate an insurance claim or even file a lawsuit on your behalf.
Local Premises Liability Laws
Property owners, such as businesses, restaurants, hotels, and other areas that are open to the public, are obligated to make sure their customers have a safe visit to their premises. Property owners should warn guests and customers of dangerous conditions and work to repair them as soon as possible. However, a property owner’s duty to visitors may vary depending on the type of property and the visitor’s reason for being on the premises.
Generally, those who are injured at a business or on another person’s property need to establish the following in order to make a claim for financial compensation:
- A dangerous condition existed on the property
- The property owner was aware of or should have been aware of the dangerous condition
- The property owner failed to fix or warn visitors about the dangerous condition
- The dangerous condition led to the person’s injuries or damages
The details of each premises liability claim will vary depending on the situation. There are different standards certain types of businesses, such as hotels and motels, must meet to keep their property safe for customers.
The reason the injured person was on the property can significantly affect a premises liability claim. Businesses owe the greatest duty of care to ensure their property is safe for their customers. People who invite guests into their homes for socializing have a responsibility, but it is not as strict as the responsibilities of a business owner. Generally, property owners have no obligation to those who are on their property without permission. A knowledgeable attorney in Sunset Hills could help an injured party determine whether they have a valid premises liability case.
Determining Who is Responsible for a Property Accident in Sunset Hills
Figuring out who is responsible for a hazard on someone else’s property is not always straightforward. In some scenarios, businesses or other parties may be renting property, and the landlord may be responsible for the dangerous condition.
In some instances, a contractor may be doing work on the property. Then, the duty of care to others visiting the property becomes the contractor’s responsibility. A lawyer skilled in premises liability cases could help an injured person determine who is responsible for their accident.
Seeking Financial Compensation from the Other Party
Those who are injured because of a dangerous condition on another’s property and can prove negligence may be able to claim financial compensation for damages related to their injuries. Damages may include unexpected medical costs, lost wages from missed work due to injuries, future medical or other expenses related to the injuries, and pain and suffering. Injured parties may also seek compensation for economic losses such as pain, suffering, psychological trauma, and decreased quality of life.
Shared Fault in a Premises Liability Lawsuit
In certain scenarios, the injured party may carry some of the blame for the accident. However, this does prevent them from obtaining financial compensation for their injuries. Missouri Revised Statutes § 537.067 states that defendants who are at least 51 percent responsible for the dangerous conditions that caused the other party’s injuries must pay at least a portion of those damages.
If the jury finds that the injured person was partially responsible for the incident, they could reduce the financial compensation awarded as a part of the lawsuit. An experienced local attorney could fight against arguments of partial fault in a property injury case.
Do Not Wait to Seek Help from a Sunset Hills Premises Liability Attorney
It may be daunting to consider filing a legal claim after being hurt in an accident on another’s property. The law is complex, but a Sunset Hills premises liability lawyer may be able to help.
Our firm may be able to assist you as you navigate the legal process to get the compensation you need. Contact us right away to set up a consultation and get started.