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Slip and Fall Lawyer Premises Liability Compensation Claims
A Slip and Fall Lawyer at Noland Law Firm is a personal injury lawyer specializing in slip and fall injury cases in the greater Kansas City area. Our attorneys are dedicated to recovering compensation for clients who have been injured due to dangerous conditions at someone’s home or business.
Accidents happen all the time at people’s homes, at restaurants, stores, hotels, airports and other public places. Injuries can occur as a result of such unsafe conditions as wet floors, uneven pavement, icy parking lots, rickety stair rails, or some other hazard.
A competent slip and fall lawyer can help the injured party bring a lawsuit against a negligent property owner to recover compensation for medical expenses and other losses. However, it’s not as simple as someone just claiming they were hurt and then bringing suit against the property owner. There are certain conditions that apply.
Slip and Fall Lawyer: Who Is Liable?
The party having possession or control of the premises where the injury occurred can be considered liable when an accident occurs. Regardless of whether they are the owner of the property, leasing or renting it – under Missouri law, the entity in possession of the property is the liable party. Your slip and fall lawyer can make the determination for who is liable.
Slip and Fall Lawyer: Premises Liability
In most cases, when visiting someone’s home, shopping at a local store, or having occasion to be on any type of commercial property, there is a reasonable expectation that you are in a safe environment that is free of any hazardous conditions that may cause you harm. There are exceptions, such as if you are a trespasser or have criminal intent, for example.
Slip and Fall Lawyer: Filing A Lawsuit
Missouri law allows for an injured person to file a claim for compensation for medical expenses, pain and suffering and more. But before a lawsuit can go forward, it must first be established that the property owner was, in fact, liable for the injury.
Generally, property owners, both residential and commercial, are liable for visitors to their property, if they:
- Cause a dangerous condition, which leads to a slip and fall injury, or
- Was aware of the dangerous condition but didn’t warn of it, barricade it, or correct it, or
- Should have known about the dangerous condition and taken steps to prevent injuries caused by the condition.
You need a slip and fall lawyer to file suit against a property owner if you are seeking recompense.
Two key factors that determine if filing a lawsuit is a viable option are:
- Type of Injury – In order to file an injury lawsuit, someone must be injured. Some injuries may be more severe than others. For instance, minor injuries, such as bruises, would not ordinarily constitute grounds for filing a case. On the other hand, injuries such as broken bones, a dislocated shoulder or back injury, that require medical care and hospitalization, could justify filing a lawsuit.
- Negligence – Proving negligence is key to this type of case. If the property owner did not display adequate warnings of hazardous conditions (wet floors, icy sidewalk, etc), they can be held liable for injuries.
Slip and Fall Lawyer: Relevant Law
Determining a person’s status at the time they were injured while on someone’s property is critical to a slip and fall lawyer premises liability case. The injured person may be classified as an invitee, a licensee, or a trespasser. Property owners have different obligations, depending upon what the classification is, for the particular incident. (RSMo §516.0120).
- Invitees – Defined as “anyone who enters upon the premises with the express or implied consent of the possessor, and for some purpose of benefit or interest to the possessor or for the mutual benefit of both.” Further, property owners have a duty to inspect their property and fix dangerous or hazardous conditions.
- Licensees – Defined as “a person who is privileged to enter or remain on land only by virtue of the possessor’s consent.” Property owners only have a duty to warn licensees of a danger that the property owner knows about or should know about.
- Trespassers – Defined as “a person who enters or remains upon land in possession of another without a privilege to do so created by the possessor’s consent or otherwise.” Section 329 of the Restatement (Second) of Torts
Once liability has been established, your slip and fall lawyer will work with you to prove a direct causal relationship between the hazard on the property and your injury. There are many factors that must be considered, including your reason for being on the property. For instance, as an invited guest, rather than a trespasser, your claim has more validity in court than if you were intent on criminal mischief.
Slip and Fall Lawyer: Noland Law Firm
If you suffered an injury in a slip and fall accident, contact a slip and fall lawyer today who can evaluate your claim, investigate your accident and help you secure the compensation you deserve.
As a slip and fall lawyer who understands premises liability law, we can assist you in determining the property owner’s liability and proceed with a personal injury lawsuit on your behalf. Although it is often difficult to prove a property owner’s negligence, and even more difficult to prove liability, a slip and fall lawyer from our firm has the knowledge and experience to get a successful resolution to your claim.