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Premises Liability

Many people falsely believe that if someone is injured on another’s premises or land, the landowner is automatically responsible for the injuries.  Unfortunately, it is quite a bit more complicated.  A property owner is only liable for injuries on the premises when he knows of a dangerous condition and fails to exercise due care to fix the premises defect or provide an effective warning that will allow a user of the land to avoid injury.  Knowledge of a defect does not always have to be actual. Under some circumstances, a landowner may be responsible for a dangerous condition when he only should have known or has reason to know of a dangerous condition.

The level of protection afforded users and entrants onto the land also varies depending on the status of the injured party.  Trespassers, who the landowner may have little or no knowledge are entering the property, may have protection against only the very worst of conditions.  By contrast, a paying customer at a retail store, restaurant, bar or shopping mall, because the owner knows of their presence, may have much greater protection.

Once notice is proven, it is still incumbent on the injured property to prove the landowner was negligent in not fixing the defect or notifying unsuspecting land users.  The owner must have had time to correct the defect.  If someone drops a cup of coffee in a restaurant and the owner immediately goes to get a mop to clean it up, he may not be negligent if an unsuspecting customer comes by in a few moments and slips on the wet floor.  The standard is “ordinary care.”  What would an ordinarily careful and prudent landowner do under the same or similar circumstances.

Types of Premise Liability Cases

There are many forms of dangerous premises; cases can develop from situations involving: slip- and- falls on ice or slick surfaces; defects in roadways (i.e., missing road signs, bad intersections, or pavement defects); holes or uneven surfaces in parking lots, sidewalks, or floors; unmarked drop-offs, ledges, culverts, or holes; negligent security (i.e., apartments, concerts, or sports arenas); and dangerous retail layouts or designs (i.e., sharp corners and displays that may cause injury to children).

Further, construction sites, shopping centers, retail stores, private homeowners, cities and counties, and other businesses may all victimize people invited to their premises.  Because the potential defendant invariably blames the customer or injured party, early representation is critical to success in this difficult area of practice. The experienced premises liability trial attorneys of Monsees & Mayer, P.C have effectively represented injured clients in nearly every type of dangerous premises case, and we know better than anyone that no two cases are alike. Schedule a free consultation with us today so we can discuss your injuries and show you how our lawyers can best represent you in your claim.

INJURED ON PUBLIC PROPERTY?

When suing a government or government sub-unit, there may be limits on the amount of money you can recover for an injury.  These limits are throw backs to olden days when it was forbidden to sue the king.  Hence, these laws are referred to as “sovereign immunity.”  In Missouri, for example, there are exceptions to sovereign immunity for defects on premises (such as holes in a publicly maintained sidewalk) or for injuries suffered when the government’s employees are driving motor vehicles.  Depending on the nature and population of the government unit against which a claim may be made, there may be time limits to put the government on notice of an imminent claim or lawsuit.  These time limits are generally shorter than the corresponding statute of limitations for personal injury.

Inadequate Security & Unsafe Premises

Property owners also have a duty to keep their premises safe from known or suspected criminal acts on the premises.  The same requirement of notice is required in this context as with defects in parking lots, sidewalks and the like.  An operator of a bar or restaurant may have a history of assaults on the premises, yet fails to employ more security personnel, install adequate lighting or more carefully screen known trouble makers.  The owner may also know of a developing event on the premises, such as a drunken argument between customers, and yet fail to intervene to diffuse the situation, escort trouble makers from the premises, or take other steps to protect his customers.

With the assistance of an attorney, victims of such negligence can sue property owners for financial compensation. This compensation can cover medical expenses, lost income, pain and suffering, loss of life, and other damages.

Our firm can help you understand your legal rights and your options for moving forward if you have a case related to dangerous premises. We devote ourselves to helping injured people and their families, and we have many years of experience winning cases involving:

  • Assaults, robberies, and other crimes at gas stations, bars, restaurants, convenience stores, or community centers
  • Third-party responsibility for injuries on premises
  • Deaths or injuries that could have been prevented with adequate security guards
  • Deaths or injuries that could have been prevented with proper lighting, surveillance, or other procedures

Our firm has successfully sued cities, country clubs, hotels, commercial facilities, apartment buildings, and many other entities who have acted negligently. Therefore, we are more than qualified to help you understand if you have a case.

Slip & Falls

Property owners are potentially liable for injuries suffered on their premises. If you have an injury from a slip-and-fall accident, or if you tripped because of an unsafe condition, you may be entitled to compensation. The more serious the injury, the more important it is to have experienced legal representation.

Did the Owner Create the Danger or Know About the Defect?

Premises owners can claim they did not have knowledge of the danger or a reasonable opportunity to address it before the accident. The best cases involve injuries in which a person tripped or fell because of a code violation or some other longstanding defect, or a safety hazard created by the actions of the owner or employees. For example:

  • Broken handrails and broken steps
  • Stair treads and risers not to code
  • Dimly lit stairwells and entrances
  • Unexpected step-ups/drop-offs
  • Heaved sidewalks and broken curbs
  • Waxed or mopped floors without warning signs
  • Electrical cords and other tripping hazards
  • Leaking coolers and hoses
  • Unmarked construction holes

No matter the context, all property owners have a legal duty to visitors. We will bring claims against shopping malls, big box retailers, supermarkets, restaurants, apartment buildings, construction companies, and other commercial entities, as well as homeowners and municipalities.

Our Focus is What Happened to You

We know from experience that people suffer serious and lasting injuries in slip-and-fall and trip-and-fall accidents. Our lawyers have recovered notable settlements and verdicts for back injuries, ankle fractures, knee injuries, torn shoulders, head injuries, even paralysis and death. We pursue compensation for past and future medical care, lasting disability, lost income, and our clients’ pain and suffering.

Construction & Industrial Accidents

Factories, construction sites, and industrial machinery create unique potential for injury. Our Missouri construction accident attorneys understand the risks you take every time you venture onto a work site or into a factory. Your job should not be more dangerous because of a condition or circumstance some other person or company has created. The personal injury trial lawyers of Monsees & Mayer, P.C. have been effectively representing injured workers for many years.

Even when a person is covered by workers’ compensation, the circumstances of the accident frequently give rise to a claim against some party other than the employer. Any workplace injury should be investigated for other potential compensation as the damages allowed by workers’ compensation can be inadequate.

These third-party claims can arise against subcontractors at construction sites, manufacturers of equipment and machinery or their operators, property owners, operators of motor vehicles, or, on rare occasions, against co-workers or supervisors.

Types of construction/industrial accident cases we handle:

  • Construction Equipment Liability
  • Construction Products Liability
  • Co-Worker Liability
  • Employer Liability
  • Equipment Injuries
  • Factory Accidents
  • Falling Objects
  • Forklift Accidents
  • Industrial Accidents
  • Ladder/Scaffold Falls
  • Machinery Malfunctions
  • Occupational Accidents
  • Power Equipment Accidents
  • Power Line Contact Injury
  • Mechanical Power Press
  • Punch Press Malfunctions
  • Supervisor Negligence
  • Third Party Claims
  • Unsafe Equipment
  • Workers Compensation Immunity
  • Workplace Accidents
  • Electrocution
  • Crane Failure
  • Man Lift Bucket Accidents
  • Cherry Picker Accidents

Our lawyers have represented people gravely injured by industrial explosions, drivers of defective trucks or trailers, people who have fallen from ladders or scaffolding and victims of electrocution, falls, fires, falling objects, and improperly guarded machines.

Any employee, contractor, worker, or even visitor to a construction site or industrial facility who has been injured should contact a lawyer to learn about their legal rights and remedies.

Elevator, Escalator, & Dumbwaiter Accidents

Millions of people use elevators, escalators, and conveyors everyday in skyscrapers, airports, hotels, sporting facilities, malls, and apartment buildings. People rarely stop to consider that these same elevators and escalators can cause harm. Sadly, people do end up seriously injured or killed in elevator accidents and on dangerous escalators due to equipment failures, design flaws, poorly maintained equipment, and lack of routine inspection.

Monsees & Mayer, P.C. will help you make sound decisions regarding your injury and your claim. By educating you about how the accident occurred, who is responsible, potential insurance coverage available, and viable third party claims, we can help you recover maximum compensation from those responsible for your injuries.

Contact our Missouri escalator and elevator accident attorneys in cases involving:

  • Airport Liability
  • Apartment Building Liability
  • Dangerous Property
  • Defective Elevators
  • Defective Escalators
  • Elevator Design Flaws
  • Elevator Door Injuries
  • Escalator Crush Injuries
  • Escalator Design Flaws
  • Conveyor Design Flaws
  • Conveyor System or Conveyor Belt Injuries
  • Negligent Conveyor Maintenance
  • Hospital Liability
  • Hotel Liability
  • Motel Liability
  • Negligent Elevator Maintenance
  • Premises Defects
  • Property Defects
  • Slip and Fall
  • Sporting Facility Liability
  • Sudden Stops or Accelerations
  • Trip and Fall
  • Wrongful Death

When clothing, shoes, hands, feet, or skin is caught in moving escalator parts, the results can include bruises, cuts, crush injuries, and even amputation. When limbs are caught in doors, conveyors, or “pinch points,” serious injury is highly likely to occur. When cables fail, causing passengers to plummet to the bottom of an elevator shaft, death is certainly a possibility. Slip- or trip-and-fall injuries are also common in escalators and elevators due to improper maintenance that causes mis-leveling.

If you are hurt in an elevator, conveyor, or escalator accident due to the negligent actions of a manufacturer or property owner, we can help you hold them responsible for your medical bills, lost income, and future expenses for a potentially permanent physical disability, as well as for emotional trauma and pain and suffering.

Swimming Pool Accidents

Every year thousands of children and adults suffer serious or fatal injuries from accidents in swimming pools, spas, or while diving. The U.S. Centers for Disease Control and Prevention (CDC) reports that drowning is the leading cause of death for children between the ages of one and four, putting it ahead of such causes as car accidents, falls, and suffocation.

Drowning isn’t the only risk when pools are involved, however. Falls around swimming pools, caused by slick surfaces, defective ladders, or faulty diving boards, can result in traumatic brain or spinal cord injuries, broken bones, paralysis, and other serious injuries. There are also injury risks caused by uncovered drains and filters, which can produce enough suction to drown a child or cause serious internal injuries.

Pool owners and operators are required to follow and comply with a variety of safety codes. Unfortunately, many owners fail to comply with the safety codes leading to death and/or serious injuries.

The Range of Swimming Accident Injuries:

  • Drowning
  • Concussions
  • Head Injuries
  • Brain Injuries
  • Traumatic Brain Injuries
  • Coma
  • Fractures
  • Broken Bones
  • Lacerations
  • Back & Neck Injuries
  • Spinal Cord Injuries
  • Paraplegia
  • Quadriplegia
  • Wrongful Death

Who Can be Found Liable for Swimming Pool Accident Injuries?

In properties with public swimming pools (i.e., apartment complexes, hotels and resorts, even public recreation centers) owners are expected to provide a safe swimming area for adults and children. When they fail to do so, they can be held legally responsible under premises liability laws for any swimming pool injuries or fatalities.

Swimming pool owners may be found negligent for failure to properly secure a pool or spa, lack of lifeguards, mis-marked or nonexistent water depth markings, lack of clearly marked safety devices and tools, and cloudy or unclean water.

Types of swimming pool accident cases we handle:

  • Apartment Complex Swimming Pool Liability
  • Attractive Nuisance
  • Dangerous Premises
  • Dangerous Products
  • Defective Diving Boards
  • Defective Slides
  • Cloudy or Unclean Water
  • Defective Drain Covers
  • Faulty Suction Pumps
  • Improper Signs
  • Hotel Swimming Pool Liability
  • Motel Swimming Pool Liability
  • Negligent Pool Staff
  • Slip & Fall
  • Swimming Pool Chemical Burns
  • Unsafe Premises
  • Unsecured Swimming Pools

You Deserve Compensation for Your Injury

The experienced Kansas City, Missouri premises liability accident attorneys of Monsees & Mayer, P.C. have effectively represented clients injured in many types of dangerous product and premises cases, with no two being the same.

We can assist victims and their families in pursuing personal injury claims against negligent property owners or manufacturers; we will help you prove their negligence caused your injuries, and that those injuries resulted in suffering or loss.

If you or your family member have been the victim of a swimming pool accident, find justice today. Contact the Kansas City personal injury and wrongful death lawyers of Monsees & Mayer, P.C. We will help you hold any and all parties responsible.

Our Range of Premises Liability Cases

  • Attractive Nuisance
  • Bar/Lounge Liability
  • Dangerous Premises
  • Slip and Fall
  • Slick Surfaces
  • Defective Premises
  • Dramshop Litigation
  • Hotel Liability
  • Intentional Shootings
  • Liquor Liability
  • Marina Liability
  • Toxic Exposure
  • Chemical Contamination
  • Motel Liability
  • Electrocution
  • Negligent Employees
  • Negligent Security
  • Premises Assault
  • Premises Battery
  • Premises Crime
  • Premises Defects
  • Premises Security
  • Private Security
  • Property Defects
  • Resort Liability
  • Restaurant Liability
  • Slip and Fall
  • Slippery Surfaces
  • Tourist Injuries
  • Trip and Fall
  • Unsafe Premises
  • Carbon Monoxide Poisoning
  • Electrical Shocks

An emerging area of litigation involves claims against hotels, shopping centers, malls, convenience stores, and other businesses that have a known problem with crime on their premises yet fail to protect their customers.

Each type of case is unique, since liability may involve building, electrical, or other safety codes. These cases can also come down to whether the landowner knew or should have known of the dangerous condition on his premises.

Free, Confidential Consultation

Our attorneys are here to help. Contact us today.
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