Missouri Premises Liability Lawyer

What did a Missouri property owner owe you?

It depends on why you were there. Missouri uses three categories, and each carries a different duty.

• Invitees, such as customers, hotel guests and patrons, are owed reasonable care. The owner must inspect for hazards, fix them or warn about them.
• Licensees, such as many social guests, must be warned about dangerous conditions the owner knows about and the guest is unlikely to discover.
• Trespassers are owed much less, though special rules can protect children drawn to dangerous conditions.

Most claims against businesses involve invitees. Falls at a friend's home usually involve licensees, which makes the owner's actual knowledge of the hazard important.

How does comparative fault apply to a Missouri fall?

Your damages are reduced by your share of fault but never eliminated. Missouri's pure comparative fault rule applies to premises cases just as it does to car crashes.

Owners often argue that a hazard was open and obvious, which can affect whether a duty existed or how fault is shared. Here is a worked example. A customer slips on a puddle from a leaking freezer in a St. Louis grocery store that employees had walked past for an hour. A jury values her damages at $100,000 and finds her 25 percent at fault for not watching the floor. She recovers $75,000. Even at 60 percent fault, she would still recover $40,000.

Can you sue after slipping on snow or ice in Missouri?

Sometimes, but Missouri law makes these claims harder. Owners generally do not have a duty to remove snow and ice that results from general weather conditions in the community, unless they agreed to do so or created a more dangerous condition.

Claims often succeed when the owner took on the job of clearing snow and did it carelessly, when a landlord's lease or practice promised snow removal, or when a building's design, such as a leaking gutter, caused ice to form in one place. Records about snow removal contracts, past complaints and building maintenance help show whether one of these situations applies. Photos taken the same day, showing where the ice formed and whether the rest of the area was clear, are often the most persuasive evidence of all.

Which Missouri properties lead to premises claims?

Tourism, retail and rental housing account for many of the cases we see.

Branson and the Lake of the Ozarks

Theaters, resorts, attractions and lake docks draw large crowds. Common hazards include crowded stairs, unsafe docks, poorly maintained rides and slippery pool decks.

Riverboat casinos and venues

Casinos in Kansas City, St. Louis and other river towns, along with stadiums and arenas, have crowded floors, escalators and parking garages. These places have extensive cameras, so a prompt request to preserve video is important.

Stores and rental housing

Spills, cluttered aisles and broken flooring cause falls in stores. Apartment complexes may have broken stairs, poor lighting and unsafe common areas that a landlord controls.

Is a Missouri business liable for an assault on its property?

In some circumstances. Businesses generally are not responsible for unforeseeable crimes, but a duty can arise when prior specific incidents of violent crime on the property made the danger foreseeable, or when other special circumstances exist.

Police records, prior complaints and security reports can show that history. Poor lighting, broken locks and absent security can show that the owner failed to respond reasonably. Our premises liability practice investigates these claims carefully.

What if you were hurt on public or recreational property?

Missouri generally protects public entities through sovereign immunity, but it waives that protection for dangerous conditions of public property in certain circumstances. Recovery is limited, and some cities have short notice requirements for street and sidewalk defects.

Missouri also protects landowners who open land to the public for recreation without charge, generally limiting their liability. Parks, trails and some lake areas may fall under these rules. Our government property claims team handles notice requirements.

For dog attacks on property, Missouri's strict liability rule is explained on our dog bite page. For other state rules, see our Missouri injury overview. We offer a free case review, and you pay no fee unless we win.