Kansas City Townsend Law Firm

Premises liability in Missouri

On Behalf of | Jan 10, 2017 | Premises Liability

One could argue that there is an infinite amount of ways people can become injured. One could also argue that the causes of injury are equally limitless. Sometimes injury comes as a result of a person’s own actions or lack of actions, but the causes for personal injury are often outside of our control.

If a person causes their own injuries, they will probably have to live and deal with the consequences of their actions. However, if a person’s injuries are caused as a result of unsafe property, the owner of that property may be liable for the results.

Duty of Care

Under the negligence laws of the state of Missouri, property owners have what is known as “duty of care,” which means that they have a responsibility to others to ensure that their property is safe. If their property does have potential safety hazards, they then have a duty to ensure that those hazards are well marked and that the public is alerted to them. Common examples of premises hazards include,

  • Wet floors
  • Poor lighting
  • Ice patches
  • Cracks or holes in walking areas

It should definitely be noted that, just as property owners have a duty of care, others have a duty to act responsibly and to exercise appropriate caution. However, if a person does responsibly exercise appropriate caution and still gets injured as a result of issues with the property, they may have a solid case to file a liability claim.

What to do if you are injured due to negligence

If you were legally on another individual’s property, responsibly exercising solid judgment and caution and you were injured due to some hazard that could have been avoided, the property owner may be held liable. In such a case, you should:

  • Determine the cause of the incident
  • See if it could have been prevented
  • Take pictures
  • Exchange information with any witnesses
  • Note the conditions of the area in which the incident occurred
  • Report the incident to the owner or manager
  • Get a copy of their official report

Even though you have a duty to exercise reasonable caution, you are also responsible for proving that there was a hazard, it caused your injury and that it could have been avoided had the property owner taken appropriate action. If you find yourself in this type of situation, it is suggested that you seek out the services of a knowledgeable and experienced premises liability attorney in Kansas City. They will be able to provide support and assistance as you go about getting the help you need.