Hurt on another person’s property? If that accident was caused by negligence, you have a premises liability claim. In Missouri, your ability to bring a premises liability claim is tied to authority to be on the property (or lack thereof. Trespassers generally cannot bring premises liability claims in Missouri—but there are some limited exceptions. In this article, our Kansas City premises liability attorney explains the key points to know about a trespasser’s ability to bring a claim in Missouri.
Premises Liability: Explained
Premises liability is an area of law that governs the responsibility of business or property owners to ensure the safety of their property for visitors. In Missouri, the extent of this responsibility can vary significantly based on the status of the visitor—whether they are invitees, licensees, or trespassers. Businesses and property owners owe a higher degree of care to invitees and licensees.
Property Owners/Businesses are Not Responsible for Trespasser Injuries
Under Missouri law (Mo. Rev. Stat. § 537.351), property owners or businesses typically are not liable for injuries that trespassers sustain while on their property illegally. The rationale behind the law is that the property owner cannot foresee a trespasser’s presence and, therefore, cannot be expected to prepare the property to ensure their safety.
General Rule: If you are a trespasser in Missouri, you are generally not eligible to bring a personal injury claim on the grounds of a premises liability. The defendant (business or property owner) may try to get the claim dismissed on a trespasser defense.
Three Exceptions for Trespasser Premises Liability Claims
While the general rule is that a trespasser cannot bring a premises liability claim in Missouri, there are some limited exceptions to the rule. To be clear, these exceptions are narrowly defined and apply under specific circumstances. Here are the three notable exceptions:
- Intentional Harm: A property owner cannot willfully or intentionally harm a trespasser, aside from a lawful defense is warranted. For example, if a property owner sets traps or engages in other harmful actions aimed at injuring non-threatening trespassers, they may still bear liability on the grounds of premises liability.
- Children (Attractive Nuisance): Special rules apply for cases involving children. The attractive nuisance doctrine is an important exception in premises liability cases. In Missouri, property owners can be held liable if a child trespasser is injured by a hazardous condition on the property. One common example is an unfenced pool.
- Constant Trespassing, Known Danger: If trespassing occurs regularly and the property owner is aware of it, they may be required to take reasonable steps to prevent foreseeable harm. For example, if a property owner knows that people frequently cut through a portion of their property where there is a hidden dangerous condition, the owner might be liable if they fail to either remedy the hazard or adequately warn of its presence.
Contact Our Kansas City Premises Liability Lawyer for a Free Case Review
At House Law LLC, our Kansas City personal injury attorney fights hard to protect the rights and interests of injured victims. If you have any questions about trespasser premises liability cases, please do not hesitate to contact us today for a free consultation. From our Kansas City law office, we handle premises liability cases in Missouri and Kansas.
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