Premises liability claims occur when someone is injured due to unsafe conditions on a property. Property owners are often seen as liable in these cases, but determining property owner liability requires an analysis of the property’s condition, the owner’s knowledge of hazards, and the actions of the injured party.
At The McCallister Law Firm, located in Kansas City, Missouri, Attorney Brian F. McCallister is experienced in handling property owner liability cases and helping his clients protect their rights and recover damages.
Located in Kansas City, Missouri, the firm serves clients throughout the Midwest. If you’ve been hurt due to unsafe conditions on someone else’s property, The McCallister Law Firm can help you determine property owner liability and file a claim for compensation.
How to Determine Duty of Care
Property owners owe a duty of care to anyone who is legally on their property. However, under Missouri law, the level of care they are required to provide varies depending on the visitor's status. For example:
Invitees: Owners owe the highest duty to make the premises reasonably safe for business customers or others on the property for a commercial purpose.
Licensees: Owners must warn social guests or people on the property with permission, but for non-commercial purposes, about any known hazards.
Trespassers: Owners generally owe a limited duty to individuals who are on their property without permission.
Property owner liability depends on whether harm was foreseeable, and Missouri courts will examine whether the property owner acted reasonably to prevent injury. If an owner should have known about a dangerous condition and failed to act, they could be held liable. For example, failing to repair broken stairs, ignoring water leaks that create slippery surfaces, or failing to post adequate warnings could result in property owner liability.
Common Scenarios Where Property Owners May Be Liable
Property owners can often be held liable for any injury that occurs on their property due to a hazard they knew about or reasonably should have known about. This can include:
Slip and fall accidents caused by wet floors, ice, or uneven pavement
Injuries from faulty stairs, railings, or handrails
Dog bites or attacks on private property
Defective equipment or unsafe furnishings in commercial or residential settings
Whether a property owner will be held liable typically depends on the owner’s knowledge, actions, and the visitor’s behavior. If you have been injured on someone else's property due to a known hazard, contact an experienced attorney who can help you determine fault and establish negligence.
How to Establish Negligence
Negligence forms the foundation of every premises liability claim. To prove negligence, you must be able to show that the property owner breached their duty of care and that this breach caused your injury. An experienced premises liability attorney can help you evaluate your case to determine the following:
Knowledge of hazards: Was the owner aware, or should they have been aware, of the unsafe condition?
Failure to act: Did the owner ignore reasonable measures to correct the hazard?
Causation: Did the hazard directly lead to the injury?
To support your answers to these questions, Missouri courts will consider whether the property owner conducted routine inspections and provided proper warnings. Missouri also follows a pure comparative fault system. If both you and the property owner were found to have contributed to your injury, you can still recover compensation. However, your available compensation will be reduced by your percentage of fault.
Key Documentation and Evidence to Support Your Premises Liability Claim
Strong documentation is essential to prove property owner liability. While there may be specific types of evidence you will need to collect depending on the severity of your injury and the property on which the accident occurred, the primary types of evidence you should collect include the following:
Photographs of the accident scene: Photos and videos of the hazard and your surroundings immediately after the incident.
Medical records: Documentation of your injuries, treatment, and long-term effects.
Maintenance and inspection records: Documents that show whether the property owner knew about and addressed known hazards.
Witness statements: Recorded observations from third-party individuals who witnessed the accident.
Incident reports: Official police or security reports, if applicable and available.
Collecting and organizing detailed evidence can help establish a clear chain of events. Proper documentation can show whether the property owner failed to address known hazards or failed to take reasonable measures to protect visitors on their property. An experienced attorney can review your records to identify potential gaps in safety practices and advocate for property owner liability where possible.
Contact a Premises Liability Attorney Today for Comprehensive Guidance
Injuries that occur on someone else's property can have lasting physical and financial consequences. When unsafe conditions on a property contribute to an injury, it's important to take the necessary steps to recover compensation and hold the negligent party accountable.
The McCallister Law Firm is committed to representing those who have been injured due to a hazard on someone else's property. Located in Kansas City, Missouri, the firm serves clients throughout the Midwest. Reach out today to schedule a free consultation and explore your options for pursuing compensation for your injury.
