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You walked into the store thinking about your grocery list, not the puddle of water spreading silently near the produce section. You visited your friend’s apartment complex, focused on your conversation, not the broken handrail on the dimly lit staircase.
You trusted that the places you visited, the shops, offices, and parks, were safe. You had no reason to believe otherwise. Then, in an instant, that trust was shattered. A fall. A break. A sudden, searing pain.
An accident that was no accident at all, but the direct result of a hazard that a property owner knew about, or should have known about, and chose to ignore.
This is the betrayal at the heart of a premises liability injury.
It is not just a fall; it is a failure. The property owner’s responsibility was to provide a safe environment, and they failed. Now, you are the one left to deal with the consequences—the medical bills, the missed work, and the physical pain because of their negligence.
But their failure does not have to define your future. At Walner Law, our St Louis, MO Premises Liability Lawyers see more than just an accident report. We see a broken promise of safety. We see a life disrupted by a preventable injury.
We are not just here to file a claim but to hold negligent property owners accountable and fight for the resources you need to heal and put your life back together.
Key takeaways
Premises liability cases are often more complex than they appear. Property owners and their insurance companies will frequently try to shift the blame, claiming you were clumsy or not paying attention. You need a legal team with the experience and resources to dismantle these arguments and prove the owner’s negligence.
Success in a premises liability case depends on a swift and thorough investigation. We know what evidence to look for and how to get it. Our team moves quickly to preserve surveillance footage, interview witnesses, and document the dangerous condition before the property owner can repair it and erase the proof.
These cases hinge on specific legal principles like “duty of care” and “notice.” We have a comprehensive knowledge of Missouri law and a long track record of using it to build powerful cases for our clients.
We know how to prove that the property owner had a responsibility to you and that they breached that responsibility.
Property owners are typically defended by large, aggressive insurance corporations whose primary goal is to pay you as little as possible. We are not intimidated. We prepare every case for the possibility of a trial, a strategy that often forces insurers to the negotiating table with a fair settlement offer.
Our commitment to our clients is unwavering. We know this is a difficult and stressful time, and we provide the compassionate, clear communication you need to feel confident and supported throughout the entire process. We manage the legal battle so you can focus on your recovery.
In Missouri, anyone who owns or controls a property has a legal obligation, or “duty of care,” to ensure it is reasonably safe for lawful visitors. This is the core principle of premises liability law.
When a dangerous condition exists and the owner does nothing about it, they have breached this duty.
To hold a property owner liable, we generally must prove they had “notice” of the hazardous condition. This means we must show that the owner knew, or should have known, about the danger but failed to take reasonable steps to fix it or warn visitors.
There are two types of notice we work to establish. Proving either one is a critical step in building a successful claim against the property owner.
Proving notice requires a detailed investigation into the property’s maintenance logs, inspection schedules, and employee procedures. Our team meticulously gathers this evidence to establish the owner’s failure.
A property owner’s negligence can manifest in countless ways. Any dangerous condition that is left unaddressed can lead to a serious injury and a valid legal claim. Our firm handles a wide range of these cases.
These are the most frequent types of premises liability claims. They are often caused by temporary or ongoing hazards that should have been addressed by the property owner. Common causes include:
Property owners in certain areas have a duty to provide adequate security to protect visitors from foreseeable criminal acts. This is especially true for apartment complexes, hotels, and parking garages in areas with known crime rates.
A failure to provide proper security can lead to liability if a visitor is assaulted or robbed.
Under Missouri Revised Statute § 273.036, dog owners are held strictly liable for injuries caused by their pets. This means you do not have to prove the owner was negligent; you only need to prove that their dog bit you and that you were lawfully on the property and did not provoke the animal.
The purpose of a personal injury claim is to provide financial payment to cover the losses you suffered because of the accident. This payment, legally known as “damages,” is meant to make you whole again from a financial standpoint. These damages are generally divided into a few categories.
These are the direct financial losses that have a clear dollar amount. We will gather bills, receipts, pay stubs, and other financial documents to calculate these costs accurately.
These damages compensate you for the non-financial ways the injury has rewritten your life. They are harder to calculate but are just as real and can be even more significant than the economic losses.
Missouri uses a “pure comparative fault” rule. This legal concept means that your total compensation award may be reduced by your percentage of fault. Insurance companies frequently look for any way to argue you were partially at fault to reduce what they have to pay.
The moments after an injury on someone else’s property are critical. The evidence needed to prove your case is often at the scene and can disappear quickly. While your first priority is always your health, taking a few key steps can make a significant difference in your ability to recover compensation.
If you are able, use your cell phone to take pictures or videos of the exact location where you were injured. Capture the hazard that caused your fall—the puddle, the broken step, the patch of ice. It is also helpful to take photos of your injuries as soon as they are visible.
Many businesses, from large retail stores on Chippewa Street to downtown office buildings, use security cameras. This footage can provide indisputable proof of how your accident happened and how long the hazard was present. Your St Louis, MO Premises Liability Lawyer must send a legal “spoliation letter” immediately, demanding that the property owner preserve this footage before it is recorded over.
This is a very common defense tactic. They may argue you were not paying attention or were wearing inappropriate footwear. Missouri’s “pure comparative fault” rule, found in Missouri Revised Statute § 537.765, still allows you to recover compensation even if you are found partially at fault. Your final award would just be reduced by your percentage of blame.
Filing a premises liability claim rarely means suing your friend personally. In most cases, the claim is filed against their homeowner’s or renter’s insurance policy. These policies exist specifically to cover accidents and injuries that occur on the property, so you are not taking money directly from your friend.
The statute of limitations for personal injury claims in Missouri is generally five years from the date of the incident, according to Missouri Revised Statute § 516.120.
While this may seem like a long time, it is crucial to act quickly to preserve evidence and allow your attorney to build the strongest case possible.
No. In fact, these subsequent remedial measures can sometimes be used as evidence that a hazard existed and that it was feasible to fix. The fact that they repaired it after you were hurt shows that they recognized the danger and had the ability to correct it.
Yes, it can. Missouri law defines a property owner’s duty of care based on a visitor’s status. An “invitee” (like a customer in a store) is owed the highest duty of care. A “licensee” (like a social guest at a friend’s home) is obliged to be warned of known dangers.
An attorney can determine your legal status as a visitor and explain how it impacts the specific responsibilities the property owner had to keep you safe.
You had a reasonable expectation of safety, and that trust was broken by a property owner’s negligence. You should not have to bear the financial and physical burden of their failure.
The legal team at Walner Law is here to stand up for your rights and fight for the justice and compensation you need to heal.
Contact us today for a free, no-obligation consultation. Let a St Louis, MO Premises Liability Lawyer review the facts of your case and explain how we can help you hold the responsible party accountable. Call (312) 410-8496 or fill out our online form to get started.
