Joplin Premises Liability Attorney
Second only to automotive accident injuries, premises liability cases are often filed when an individual is injured while on the property of another person or organization.
These types of claims address the requirement of land owners and tenants to at least meet the minimum safety requirements of the area that their land or building occupies.
If you or someone you love has suffered a personal injury due to a neglected or unsafe property, that person may be eligible to receive compensation for their injuries – which can also include provision for medical and outpatient treatment, lost wages and other expenses related to the recovery of the injury.
To find out more, contact us today by filling out and sending the “Free Case Evaluation” form to the left.
The Responsibilities of Land Owners
Due to the large number of fraudulent injury claims that have been filed in our court system, it is becoming difficult for an injury victim to prove that a landowner or tenant has been negligent in the care and maintenance of their property.
However, to better assist those that have been injured, three primary definitions of premises liability have been created to help determine if there are grounds to file a lawsuit.
This list consists of :
Invitee – this is defined as an individual that has been invited into the commercial or private residence of an individual or business. In these cases, the tenant or landowner has the responsibility of either warning the invitee of any possible dangers on the property, or to not provide access to those areas. This responsibility is knows the “duty of care to inform”.
Licensee – this is defined as an individual that has been invited to the property of a landowner or tenant and is generally limited to private residences. An example of this would be for a homeowner to inform a guest of a staircase handrail that may not be securely fixed to the floor or fall, thus making it potentially unsafe.
Trespasser * – this is defined as an individual that ventures onto the property or premises of a landowner or tenant that has NOT been invited to do so. In these instances, the landowner or tenant have no responsibilities to inform this individual of any potential dangers that could cause a personal injury to the trespasser.
In most cases, a trespasser is someone that ventures into the front or back yard of a home without the direct permission from the home owner.
Frequent Causes of Injuries
There are many different causes of personal injuries – especially in construction or commercial environments, where there are often more objects that may be considered dangerous.
Some of the most common causes include:
- Wet floors
- Untethered power cords
- Loose or uneven stairs
- Crumpled carpet and rugs
- Waxed floors
- Loose hand rails
- Snow / ice on walking surfaces
- Open fires
- Falling ceilings
- Lack of security
- Toxic substance exposure
As many commercial facilities have video surveillance systems in constant operation, if you or someone you love receives an injury when lawfully on another persons property, it’s important to document the incident and obtain the contact information of any people that may have witnessed the incident.
Common Types of Injuries
Injuries stemming from poorly maintained property can often be quite severe, as many involve slip, trip and fall type of accidents that cause the victim to lose their footing and consequently, fall of the floor.
Some common injury types include:
- Concussion
- Broken bones
- Neck injuries
- Lower back injuries (incl. herniated disc)
- Dental damage
- Bruises
- Lacerations
- Wrist injuries
Another important injury worth considering is an emotional injury, which many victims endure if they are injured in a public location.
Need Help? Contact Our Joplin Premises Liability Attorney Today
The lawyers of the Arguello Law Firm strongly believe that everyone has the right to expect public and private property to at least meet the minimum safety requirements of a given area.
If you or someone you love has been sustained an injury while in a store or a property that this not their own, they may be eligible to file a claim for compensation.
With our office located in Joplin MO, we provide cost effective legal counsel to injury victims throughout Missouri including:
- Joplin
- Springdale
- Webb City
- Carthage
- Monet
- Aurora
- Springfield
- Branson
- Bolivar
…. And most of the towns and suburbs that surround these areas.
To find out how we can help with your premises liability lawsuit, contact us today at 1-888-CLAIM-68 (1-888-252-4668) and after some initial questions from our intake team, you will be quickly connected to an attorney that can help with your specific inquiry.
For those that would prefer to start immediately, simply fill out and submit the “Free Case Evaluation” form located at the top of this page and we will contact you shortly. It’s 100% FREE to send.
*Denotes: The above is the generally accepted legal definition of trespasser but your state may or may not follow this definition. If you have a question about the definition of trespasser, please consult an attorney in your home state.