St. Louis Premises Liability Attorneys
Missouri Law Firm Fighting for Individuals Injured by Dangerous Properties
If you or a loved one has been injured because of a safety hazard on another person’s property, you may be entitled to compensation for your injuries. Whether you were injured as the result of a slip and fall, exposure to harmful chemicals, or a criminal act, you should not wait to get legal advice.
At Sedey Harper Westhoff, we can investigate what caused the dangerous condition and determine liability. If we believe you have a premises liability case, we can work to get you proper medical care and hold the negligent parties responsible for your injuries and suffering. Our attorneys are aggressive and hard-working advocates who understand how to effectively navigate these cases. We also handle premises liability claims on a contingency fee basis, meaning you owe our firm nothing unless we win.
Call (314) 819-0963 or contact us online to schedule a consultation with our St. Louis premises liability lawyers today.
What Is Premises Liability?
Premises liability is a legal concept pertaining to the responsibility that property owners and occupiers hold concerning injuries and accidents that occur on their property. Under premises liability laws, parties that own or control land or buildings are required to maintain a reasonably safe environment for visitors, guests, and tenants. This duty of care extends to addressing potential hazards, providing adequate warnings, or making repairs in a timely manner.
Common Causes of Premises Liability Lawsuits
Dangerous property conditions that can lead to premises liability claims may include structural hazards like broken staircases, uneven flooring, or unsecured carpets that pose tripping risks. Poorly designed or maintained lighting can further exacerbate these dangers by obscuring obstacles that individuals should be able to avoid under normal lighting conditions.
Inadequate maintenance is often to blame for these hazards. Without regular inspections and repairs, minor issues can evolve into serious threats to visitors' safety. Property owners who neglect routine upkeep, such as failing to fix leaking roofs, clean up spills, or address faulty electrical systems, can find themselves liable when these oversights result in harm.
Failing to adequately warn visitors about known hazardous conditions can also trigger liability in the event of a preventable accident. Property owners have a duty to inform entrants about any non-obvious dangers that could potentially cause injury. This might involve posting clear and visible signage for wet floors, construction areas, or other known risks. When owners fail to provide such warnings, unsuspicious visitors may get hurt, and the property owners or occupiers could be held liable for not fulfilling their responsibility to alert visitors.
Premises liability laws can be confusing. If you aren’t sure whether you have a strong claim, we encourage you to reach out to our team at Sedey Harper Westhoff. Our St. Louis premises liability attorneys can assess what happened and walk you through your legal options.
If you suffered serious injuries due to dangerous property conditions, we want to hear your story. Call (314) 819-0963 or contact us online today.
Frequently Asked Questions About Premises Liability in Missouri
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What Is the Statute of Limitations for Premises Liability Lawsuits in Missouri?
In Missouri, the statute of limitations for premises liability lawsuits is generally five years from the date you were injured. Failing to bring a claim within this period typically results in losing the right to sue.
While five years is a substantial amount of time, it is in your best interest to seek legal advice as quickly as possible. The sooner you discuss your case with our team, the sooner we can start investigating and working to preserve evidence.
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What Happens If the Property Owner Is Uninsured?
When a property owner is uninsured in a premises liability case, recovering damages becomes more complicated. Typically, when a property owner has liability insurance, their insurance company provides legal representation and covers the costs of a settlement or judgment up to the policy limits. However, if the property owner lacks insurance, the financial responsibility for any damages awarded in a lawsuit rests solely on the property owner.
In this scenario, you may face several challenges. Even if the court rules in your favor and awards damages, collecting on the judgment could be difficult if the property owner lacks sufficient financial resources or assets. The likelihood of receiving full compensation diminishes, especially if the property owner is unable to pay or opts to declare bankruptcy to discharge the debt.
Despite these challenges, other avenues of recovering the compensation you deserve may be available. We can help investigate whether any other parties who may have insurance, such as property managers or maintenance companies, share liability for the premises. Our attorneys can also seek alternative dispute resolution methods, such as mediation or payment plans, to negotiate a feasible settlement.
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Do I Need a Lawyer to File a Premises Liability Lawsuit?
While it is technically possible to file a premises liability lawsuit without an attorney, hiring a lawyer with experience in this field is likely in your best interest. Premises liability cases can be complex, requiring a detailed understanding of legal nuances, evidence collection, and procedural rules. A lawyer can help you successfully navigate these complexities by crafting and submitting all necessary legal documents accurately and on time.
A seasoned attorney will also possess the skills to investigate the incident thoroughly, gathering evidence and expert testimony crucial for substantiating your claim. Lawyers can effectively negotiate with insurance companies and opposing counsels to potentially secure a fair settlement without the need for a lengthy court trial. In scenarios where a trial becomes unavoidable, an attorney can advocate on your behalf and persuasively present your case to a judge or jury.
- We investigate and evaluate your injury and the harm you have suffered.
- We negotiate a quick, fair settlement with the insurance company where possible.
- We work with your medical providers to develop a strong case of negligence.
- We take your case to court to get you the best result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.