While the person or entity in possession or control of the property is usually responsible for incidents, there are circumstances in which tenants can sue the landlord of the leased property. Examples are if a tenant, customer or guest is injured in a common area, or because of damage to property in which the landlord is responsible. Landlord and tenant claims are very fact-specific and should be evaluated by an attorney on an individual basis.

Premises liability case laws in Missouri and Illinois are similar. In both states, a plaintiff should demonstrate the following in order to bring a successful lawsuit:

• A dangerous condition caused the accident.
• The property owner or responsible occupant should have known about the dangerous condition.
• The property owner or responsible occupant did not use ordinary care to remove, remedy or warn of the danger.

Generally, if a person is unlawfully on someone’s property the owner is not liable for injuries caused by the condition of the property. However, every case is different and there are a few exceptions to this rule, for example incidents including attractive nuisance and children. Find out if you have a case by contacting Padberg Appelbaum Knepper for a free evaluation.

Premises liability cases are very fact-specific and each one is different, including the time it takes to resolve. The average timeframe for a case that goes to trial is around 18 to 24 months after the case is filed.

A premises liability case begins by analyzing the incident and naming the responsible party. It is not always the property owner who is at fault, and finding the liable party requires a determination of who was in actual possession or control of the property at the time. Once suit is filed, the parties engage in months of discovery in preparation for trial, where each side sends the other written requests for information, discloses experts, takes depositions and collects evidence.

Throughout discovery, Padberg Appelbaum Knepper attorneys work toward agreeing on a fair settlement for our clients. If a case cannot settle, the parties will move forward to trial. Premises liability cases tend to go to trial more than other types of personal injury cases because insurance companies often try to blame the injured victim for the fall. This encourages them to keep offers low and reduces the chance the case will settle for a fair amount.

First and foremost, seek medical attention right away if you or a loved one is seriously injured at a business or on someone else’s property. Then, contact an attorney as soon as you suspect the injury was caused by the negligence of the property owner or occupant. An attorney will not only be able to start collecting evidence, but they can also serve as a liaison with insurance companies and other attorneys. Missouri premises liability cases generally have a five-year statute of limitations; however, this can change depending on the specific facts of the case, so consult with an experienced premises liability lawyer early on to determine a filing deadline.

To bring a successful claim for an injury that occurred at a business or on personal property, it is important to document the condition and / or the details surrounding the incident that caused the injury, either at the time of the accident or soon thereafter.

• Photographs of the Property and Location Where the Injury Occurred
• A Timeline of Events Leading Up to and After the Incident
• A List of Witnesses and Contact Information

It is also important to document injuries. Luckily, bruises and lacerations heal with time, so having photographic evidence of the injuries when they first happened helps preserve the significance of the injury. Additionally, be sure to hold on to medical records and bills, and document communication with insurance companies and the property owner.

Victims of premises liability cases should submit medical bills to their health insurance and pay their deductible, if possible. Doing so will keep bills out of collections and prevent significant damage to credit scores. A successful case will recover the full amount of those bills, but it can take time, sometimes up to years, for the reimbursement.

It is common for insurance companies to contact parties involved in a premises liability case to get statements and gather facts. The victim or legal guardian does not have to answer those questions and can instead provide the insurance company with the contact information of their attorney. If an attorney has not yet been hired, refrain from giving a recorded statement and contact an experienced premises liability lawyer right away.

There is not an exact formula used to determine what a premises liability case is worth. Rather, a variety of factors are taken into consideration, including the nature of the injury and disability; the financial or economic losses, such as lost wages and medical bills; emotional trauma; and long-term repercussions, such as permanent disability. In addition, Missouri and Illinois permit a jury to assign comparative fault, or assess a percentage of fault for the injury to the plaintiff, which could reduce the overall recovery.