In Missouri, property owners and businesses have a duty to keep their premises reasonably safe and secure. If they fail to do so, they may bear liability for a resulting accident. However, holding a property owner liable in Missouri requires proving that your injury was a reasonably foreseeable risk of the property hazard. Within this blog post, our Kansas City premises liability attorney explains the importance of foreseeability in these types of personal injury cases.
Know the Basics: Businesses and Property Owners in Missouri May Be Liable for Negligence
When navigating through the personal injury claims process, it is vital to understand the basics. In Missouri, businesses and property owners can be held liable for accidents caused by their negligence. Under state law, they have a legal duty to ensure their premises are safe for visitors and other permitted guests. With that being said, a property owner is not automatically liable if an accident happens on its premises. Negligence is required to establish legal liability.
What is Foreseeability in a Premises Liability Case?
In a premises liability case, the concept of “foreseeability” refers to the ability to predict or expect that an injury might occur as a result of certain conditions or actions. In Missouri, courts consider whether a reasonable person could have anticipated the risk of harm. If a hazard was foreseeable and the property owner failed to address it, they may be found negligent.
Understanding Foreseeability Through Examples
To best understand the concept of foreseeability in a premises liability claim in Missouri, it is useful to consider some examples. Here is a brief overview of potential scenarios:
- Foreseeable Accident: Imagine that a grocery store owner in Kansas City knows that a refrigerator unit in the frozen foods section has been leaking water for several days. There is a slipping hazard. Despite being aware of the issue, the owner does not take action to fix the leak or put up warning signs. As a result, a customer slips on the wet floor and sustains a broken bone. In this case, the accident is considered foreseeable because a reasonable person would recognize the potential for someone to slip on the wet floor.
- Not a Foreseeable Accident: On the other hand, imagine a situation where a property owner has taken all reasonable steps to maintain their premises in a safe condition. One day, a tree branch from a seemingly healthy tree unexpectedly breaks off and falls onto a passerby during a major thunderstorm. Despite the property owner’s regular maintenance, the accident still happens without warning. It is likely not a reasonably foreseeable risk.
Speak to Our Kansas City Premises Liability Attorney Today
At House Law LLC, our Kansas City premises liability lawyer has the experience that you can count on. If you have any specific questions or concerns about your legal rights, we are here as the resource. Get in touch with us by phone or contact us online to set up a free, no-obligation review and evaluation of your case. From our Kansas City law office, we represent victims in premises liability cases throughout Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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