St. Louis Premises Liability Attorneys
Fighting for Individuals Injured by Dangerous Properties in Missouri
If you or a loved one has been injured due to a safety hazard on another person’s property, you may be entitled to compensation for your injuries. Whether you were involved in a slip and fall, exposed to dangerous chemicals, or harmed due to a criminal act, it's crucial to seek immediate legal advice from a premises liability attorney in St. Louis.
At Sedey Harper Westhoff, we investigate the causes of hazardous conditions and help determine liability. If we determine you have a viable case, our premises liability lawyers in St. Louis can connect you with medical care providers and diligently pursue those responsible for your injuries and suffering. Our personal injury attorneys are steadfast and client-focused advocates with decades of experience managing complex injury cases. We handle every premises liability claim on a contingency fee basis, so you owe us nothing unless we achieve a successful result for you.
Call (314) 819-0963 or contact us online to schedule a consultation with our St. Louis premises liability attorneys today.
What Is Premises Liability?
Premises liability is a legal concept relating to the duty of care that property owners and occupiers must uphold to prevent injuries and accidents on their property. Under these laws, parties that own or control land or buildings are required to maintain a reasonably safe environment for visitors, guests, and tenants. This duty includes addressing hazards promptly, providing adequate warnings, and executing timely repairs.
What to Do After a Premises Liability Accident
Here’s what you should do:
- Get Medical Attention: Even if your injuries seem small, get checked by a doctor as soon as possible. Some injuries show symptoms later, and medical records are crucial evidence.
- Report the Accident: Notify the property owner, manager, or responsible party about the accident. Make sure there’s an official incident report, if possible.
- Document the Scene: Take pictures or videos of the incident location, any hazards (like wet floors, broken stairs), your injuries, and anything else relevant. Also, collect contact info of any witnesses.
- Preserve Evidence: Keep any damaged clothing, shoes, or other physical evidence that relates to the accident.
- Write Down Your Account: As soon as you can, write a specific account of what happened while your memory is fresh.
- Avoid Admitting Fault: When speaking to the property owner or insurance representatives, don’t admit blame or apologize, as it could be used against you.
- Consult a Premises Liability Lawyer: Contact an attorney who focuses on premises liability to understand your legal rights, discuss your case, and get guidance on compensation claims.
- Keep Track of Expenses: Save receipts for medical bills, repairs, lost wages, and any other costs related to the accident.
Common Causes of Premises Liability Claims in St. Louis
Even seemingly minor incidents, such as a slip and fall, can result in catastrophic injuries with lasting effects for the victim.
Common premises liability injuries include:
- Fractures and broken bones. Falls often lead to broken bones, particularly in the wrists, arms, hips, and ankles, as individuals instinctively try to brace themselves during a fall.
- Head injuries. These can range from mild concussions to severe traumatic brain injuries if the head strikes a hard surface.
- Spinal cord injuries. Accidents can result in damage to the vertebrae, which may lead to temporary or permanent paralysis, depending on the severity of the injury.
- Soft tissue injuries. These include sprains, strains, and tears in muscles, ligaments, and tendons, which can result in significant pain and limited mobility.
- Cuts and abrasions. Sharp objects or rough surfaces can cause lacerations or abrasions, sometimes requiring stitches or leading to infections.
- Back and neck injuries. These injuries can occur from the impact of a fall or awkward movements, potentially leading to chronic pain or mobility issues.
- Internal injuries. In some cases, slip-and-fall accidents can lead to internal bleeding or damage to organs, which may not be immediately apparent but require urgent medical attention.
Proving a Premises Liability Case in Missouri
To prove a premises liability case in Missouri, you must be able to demonstrate several key elements. We understand how to build strong premises liability cases that include each of these elements and can put our experience to work for you.
These are the core elements that typically must be shown in a Missouri premises claim:
- Ownership or control of the property: You must establish the defendant’s ownership, occupation, or control of the property where and when the incident occurred, because liability usually rests with the person or entity responsible for safety.
- Your legal status on the property: You generally need to show that you were lawfully on the premises at the time of the incident, such as a customer, guest, or tenant, because trespassers receive more limited protection.
- Existence of a dangerous condition: You must prove that a hazardous condition existed on the property, such as a spill, broken step, or missing handrail.
- Knowledge and failure to act: You must also show that the property owner or occupier knew or reasonably should have known about the dangerous condition and negligently failed to fix it or warn you about it.
- Injuries and causation: Finally, you must establish that you suffered injuries and that those injuries were directly caused by the dangerous condition.
Understanding Missouri Premises Liability Laws
What Damages Could Be Recovered in a Premises Liability Case?
You can recover both economic and non-economic damages in a premises liability lawsuit. Economic damages cover the tangible, quantifiable financial losses that you have incurred as a direct result of the accident. Non-economic damages refer to the intangible impacts of your injuries that don’t necessarily have a precise monetary value.
Our St. Louis premises liability lawyers can fight for just compensation, which may include the following types of damages:
- Medical expenses
- Lost income
- Lost earning potential
- Property damage (such as a broken watch or phone)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
How Our Premises Liability Attorney in St. Louis Supports You
We are committed to helping you navigate the complexities of your case and ensuring that your rights are upheld. We take a hands-on approach to every case and will guide you through each step of the legal process.
Here’s how we can assist you:
- Thorough Investigation: We conduct a comprehensive investigation of your accident, collecting essential evidence such as photos of the scene, surveillance footage, and maintenance records, as well as interviewing witnesses.
- Identifying Liability: We work to determine who is responsible for the unsafe conditions that caused your injury. This includes analyzing the property owner’s actions, any possible negligence, and local building codes or regulations.
- Dealing with Insurance Companies: Insurance companies often try to minimize the compensation they offer. We handle all communications with insurers, ensuring you are not taken advantage of during settlement talks.
- Legal Representation: If necessary, we will represent you in court, presenting a strong case to secure a favorable outcome. We are experienced litigators who know how to advocate for your rights effectively.
- Specialized Legal Strategy: Every case is unique, and we tailor our approach based on the specific circumstances surrounding your injury, ensuring a personalized and effective legal strategy.
- Timely Filing: We ensure that your case is filed within the legal time limits, preserving your right to pursue compensation and preventing delays that could harm your case.
Contact Our Premises Liability Attorney in St. Louis Today
If you or a loved one has been injured because of dangerous property conditions in St. Louis, you need a trusted premises liability lawyer on your side. Our firm is dedicated to advocating for your rights and holding those at fault accountable for their negligence.
If you suffered serious injuries due to dangerous property conditions, we want to hear your story. Call (314) 819-0963 or contact us online today to get started with our St. Louis premises liability lawyer.
Frequently Asked Questions About Premises Liability in Missouri
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What Is the Statute of Limitations for Premises Liability Lawsuits in Missouri?
In Missouri, the statute of limitations for premises liability lawsuits is generally five years from the date you were injured. Failing to bring a claim within this period typically results in losing the right to sue.
While five years is a substantial amount of time, it is in your best interest to seek legal advice as quickly as possible. The sooner you discuss your case with our team, the sooner we can start investigating and working to preserve evidence.
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What Happens If the Property Owner Is Uninsured?
When a property owner is uninsured in a premises liability case, recovering damages becomes more complicated. Typically, when a property owner has liability insurance, their insurance company provides legal representation and covers the costs of a settlement or judgment up to the policy limits. However, if the property owner lacks insurance, the financial responsibility for any damages awarded in a lawsuit rests solely on the property owner.
In this scenario, you may face several challenges. Even if the court rules in your favor and awards damages, collecting on the judgment could be difficult if the property owner lacks sufficient financial resources or assets. The likelihood of receiving full compensation diminishes, especially if the property owner is unable to pay or opts to declare bankruptcy to discharge the debt.
Despite these challenges, other avenues of recovering the compensation you deserve may be available. We can help investigate whether any other parties who may have insurance, such as property managers or maintenance companies, share liability for the premises. Our attorneys can also seek alternative dispute resolution methods, such as mediation or payment plans, to negotiate a feasible settlement.
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Do I Need a Lawyer to File a Premises Liability Lawsuit?
While it is technically possible to file a premises liability lawsuit without an attorney, hiring a lawyer with experience in this field is likely in your best interest. Premises liability cases can be complex, requiring a detailed understanding of legal nuances, evidence collection, and procedural rules. A lawyer can help you successfully navigate these complexities by crafting and submitting all necessary legal documents accurately and on time.
A seasoned attorney will also possess the skills to investigate the incident thoroughly, gathering evidence and expert testimony crucial for substantiating your claim. Lawyers can effectively negotiate with insurance companies and opposing counsels to potentially secure a fair settlement without the need for a lengthy court trial. In scenarios where a trial becomes unavoidable, an attorney can advocate on your behalf and persuasively present your case to a judge or jury.
- We investigate and evaluate your injury and the harm you have suffered.
- We negotiate a quick, fair settlement with the insurance company where possible.
- We work with your medical providers to develop a strong case of negligence.
- We take your case to court to get you the best result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.