Oakville, MO Slip and Fall Lawyer

Oakville, MO Slip and Fall Attorney

Being injured on someone else’s property s can be a frustrating experience, particularly when the accident should have been prevented. Property owners in MO have a legal duty to maintain premises in a safe condition for visitors which means they must identify and fix potential hazards or warn visitors about them. If you believe that your injury was due to negligent maintenance or other negligence by the property owner, you need to find an Oakville, MO, slip and fall lawyer to determine if you have a viable premises liability claim.

The Cagle Law Firm: Oakville Slip and Fall Attorneys

Premises liability claims can be uncertain, as property owners are liable only in specific situations. At The Cagle Law Firm, we can investigate the cause of your injury, determine if negligence led to the injury, and discern what level of duty of care you were owed. Although some may think that these incidents sound minor, slip and fall accidents can cause traumatic brain injuries, broken bones, spinal cord injuries, and other serious harm. If you have a claim, you may be able to recover the financial losses caused by these injuries.

Our team has significant experience in slip and fall and other premises liability claims, so we can help you navigate the claims process as smoothly as possible. Our attorneys understand that personal injury claim process is often unfamiliar, and we can provide the guidance you need. Insurance carriers for property owners may try to deny liability or devalue your claim for injury, and our firm is experienced in ensuring that the liable party insurance carrier is held accountable.

Understanding Premises Liability in Oakville

Slip and fall accidents are one of the most common forms of premises liability claims. These injury claims happen when someone is injured on someone else’s property because of a hazard that should have been addressed. Property owners have differing levels of liability depending on the type of visitor.

1. Invitee: This is someone who is invited onto the property, implicitly or explicitly, for the benefit of both the property owner and the invitee. This often refers to business relationships or customers in a store. For invitees, property owners owe them the highest duty of care, so they have a responsibility to fix or warn an invitee of any hazards they are aware of as well as any hazards that they should have been aware of with a reasonable inspection.
2. Licensee: A licensee is a person who has implied permission to be on the premises and is there for social purposes. This includes those who are guests in someone’s home. A property owner has a responsibility to fix or warn a licensee of any hazards that they are aware of.
3. Trespasser: A trespasser is anyone who does not have permission to be on the property. Property owners do not owe trespassers a duty of care to protect them from hazards. However, property owners are not allowed to intentionally harm a trespasser. There are few exceptions when a property owner may be liable for harm to a trespasser, such as if the trespasser is a child harmed by hazards on the premises.

This liability applies differently depending on the type of property and the type of visitor that is injured, from private homeowners to the owners of retail stores. If you were injured on someone else’s property and are unsure if you have a valid claim, a premises liability attorney can help you understand if you have options for compensation.

Property Hazards in Slip and Fall Claims

There are many ways that property owners can be negligent in the upkeep of their premises, leading to injurious hazards. Some common hazards include:

• Slippery or slick floors
• Broken railings
• Dim lighting
• Poorly maintained stairs
• Uneven ground
• Loose cords
• Debris on the ground
• Ripped or loose carpeting
• Inadequate security
• Improperly secured objects

Property owners in Oakville, Missouri may be liable for any injuries caused by these hazards.

FAQs

Q: What Is the Average Slip and Fall Settlement in Missouri?

A: There is not an “average” for a slip and fall settlement.  The severity of your injury is one of the first and most important issue for consideration.  A settlement relies on factors such as the facts of how the slip and fall occurred, conditions if the property, your permission or role on the property, abilities of your attorney, the amount of supportive evidence, and the severity of the injuries you sustained. Your claim’s value will reflect the severity of your damages, which may include some of the following:

• Past and future medical bills
• Lost income
• Lost earning capacity
• Rehabilitative care
• Pain and suffering

Q: What Is the Statute of Limitations on a Slip and Fall in Missouri?

A: The statute of limitations on a slip and fall in Missouri is five years from the date when you sustained the injury. There may be some exceptions to this timeline, such as if you fall in a public building such as county, state or Federal facility. In many instances, you have to put the municipality on notice within 60-120 depending on the location.  If you do not file a petition in the appropriate court on or before the statute of limitations, you will be forever barred for making a claim regardless of the merits of your case. Talking to an attorney quickly is important and may help you avoid missing a deadline or losing critical evidence.

Q: What Is the Premises Liability Law in Missouri?

A: The premises liability law in Missouri means that property owners are liable for harm that occurs to individuals who are legally on their premises. This principle only applies if they were aware of the hazard and did not address or fix the hazard or warn the individual of the hazard. In some cases, the property owner is also liable for damages if they should reasonably have known about the hazard. Property owners do not have a duty of care for trespassers, except in unique cases, such as if the trespasser is a child.

Q: What Is Failure to Warn in Missouri?

A: Failure to warn in Missouri may apply to premises liability. In premises liability claims, failure to warn means that the property owner was either aware of a hazard or should have been aware of a hazard, depending on the duty of care they hold to the injured party, and failed to either take care of the hazard or warn the individual of the hazard. If the individual is injured because the owner failed to warn of a hazard, the property owner could be liable for the damages.

Work With an Experienced Slip and Fall Attorney

You should be safe on a property you were invited onto without fear of imminent harm because of a lack of care. If you were injured on public or private premises, contact The Cagle Law Firm. We can determine if you can hold the property owner liable.