Premises Liability

Premises liability is the general name given to personal injury cases involving incidents that occur on other people's property.  Premises liability includes:

• Slipping and falling in a place of business
• Injuries occurring in another's home
• Crimes that occur due to inadequate security when the owner knew there was a security threat

Property owners and managers have a general duty to keep their premises safe and free from dangerous conditions for anyone who could be reasonably expected to enter the property.  A property owner's liability depends on what the injury-causing condition was, why you were on the property, and whether the owner knew about the condition.  Owners also have a duty to mark or notify visitors of any dangerous conditions and fix them as soon as possible. 

Causes of premises liability injuries include:

• Disrepair: When property owners and managers allow the premises to deteriorate, dangerously unsafe conditions can arise.  Stairways, driveways, and walkways can become unsafe if allowed to go into disrepair.  Additionally, if the building itself is allowed to decline, dangerous electrical wires and/or other hazards might be exposed or appear.
• Poor maintenance: Property owners and managers have a duty to maintain their property in a way that helps avoids dangerous conditions and resulting injuries.  If maintenance is done poorly or negligently, or if the maintenance person fails to warn visitors of any danger that remains, owners and managers can be held liable for any injuries these conditions cause. 
• Hidden dangers: If an owner knows of a hidden danger that is not visible or knowable to a visitor's naked eye and does not provide a warning, the owner can be held liable for any resulting injuries. 
• Known criminal activity: Owners who know there has been criminal activity in the past on their property have a repsonsibility to warn visitors or increase security.  If they ignore it, they can be held liable for any injuries that occur because of criminal activity.

Many premises liability accidents are the result of temporary and easily fixable conditions.  Accordingly, it is important to hire an experienced premises liability attorney as soon as possible to help you gather and preserve evidence and investigate the matter.  It also makes it easier to locate any witnesses who might have seen the incident.  A negligent property owner is likely to fix the dangerous condition after you suffer your injury; therefore, it is important to obtain any photographs or evidence of the dangerous condition you can so that we examine the condition that caused your injury as accurately as possible. 

The attorneys at Cervantes & Associates have extensive experience representing injured plaintiffs in slip and fall and premises liability cases throughout Missouri and Illinois.  If you have been injured on another's property, contact the firm today for a free initial consultation regarding your case.