What Do You Need to Prove in a St. Louis Premises Liability Case?
To be entitled to compensation in a premises liability claim, you have to prove that the property owner had a duty to protect your safety. This duty varies depending on whether you are an invitee, licensee, or trespasser.
The victim is often considered an invitee because they were invited onto the property. For example, you would be an invitee if you went to a grocery store, restaurant, or retail shop. To establish the owner's liability as an invitee, you would need to show the following:
- A dangerous condition existed. You must show that there was a hazardous condition on the property, such as a wet floor, broken stairs, or inadequate lighting.
- The owner knew of the hazard. It is also crucial to show that the property owner was aware of or should have known about the dangerous condition.
- The owner failed to correct the problem. You must also prove that the owner failed to repair or remove the dangerous condition or post warning signs to warn visitors if it couldn't be fixed immediately.
- You suffered injuries in the accident. Finally, you need to prove that the hazardous condition on the property directly caused your injuries. Our attorneys will gather medical records, photographs, and witness statements that can help establish this connection.
How Our St. Louis Premises Liability Lawyers Can Pursue Your Rights
Because premises liability claims are difficult to prove, the business's or property owner's insurance company could deny your claim or argue that your injuries are far less serious than they are. Hiring an experienced premises liability lawyer as soon as possible is essential to protecting your rights.
While we're a small firm, we are not afraid to fight with the big insurance companies. Here's how our legal team at Bollwerk & Associates, LLC can help you:
- Initial consultation. At your free initial consultation, we will discuss the details of your accident and answer any questions you may have. We'll evaluate your claim honestly and explain things to you in plain language you can understand.
- Investigation. Our team will conduct a thorough investigation into the cause of your accident and gather the evidence you need to build a strong case. For example, if your accident occurred at a business, we may be able to obtain accident reports, surveillance footage, and photos that show the owner knew about the dangerous condition and ignored it.
- Negotiation. We'll negotiate with the owner's insurance company to try to get you a fair settlement that covers all your damages. Our lawyers have strategies to defeat the insurance adjuster's arguments about why they shouldn't have to pay what you're owed.
- Litigation. We are prepared to take your case to court if the insurance company refuses to be reasonable or the statute of limitations will expire soon. Our team has successfully handled many jury and bench trials for our clients, and we'll take yours to a jury trial if this is in your best interest.