How Can Businesses Be Held Liable for Unsafe Conditions on Their Premises?
When customers walk into a business, they expect a safe environment. Unfortunately, hazards like wet floors, poor lighting, or faulty handrails can lead to serious injuries. When a business fails to maintain safe conditions, injured individuals may have grounds to file a premises liability claim.
Located in Kansas City, Missouri, Mook Law Firm LLC is here to help. As a premises liability lawyer in Missouri, we help clients understand their rights and pursue compensation for their injuries. Understanding premises liability laws in Missouri can help victims take legal action when businesses fail to meet their obligations.
The Basics of Premises Liability in Missouri
Premises liability law holds property owners and businesses accountable when someone gets hurt due to unsafe conditions. In Missouri, business owners have a legal duty to keep their premises reasonably safe for visitors. If they neglect that responsibility, they may be liable for injuries that occur as a result.
A successful premises liability claim typically requires proving that the business owed a duty of care to the injured person, breached that duty by allowing unsafe conditions to exist, directly caused the injury, and that the injured party suffered damages such as medical expenses, lost income, or pain and suffering.
Missouri law distinguishes between different types of visitors. Customers and clients are considered invitees, meaning businesses owe them the highest duty of care. Social guests or people on the property for non-business reasons are licensees, and they must be warned of known hazards.
Types of Hazards That Can Lead to Liability
Businesses can be held liable for a variety of hazardous conditions. Some common causes of premises liability claims include:
Slip and Fall Accidents
One of the most common types of premises liability cases involves slip and fall accidents. Businesses must address hazards like wet floors, uneven surfaces, and loose rugs. Failing to clean up spills promptly or post warning signs can leave a business open to liability.
Missouri courts often examine whether the business knew or should’ve known about the dangerous condition. If an employee saw a spill but didn't clean it up, or if the hazard had been present for an extended period, the business could be responsible for any resulting injuries.
Inadequate Maintenance
Businesses must keep their premises in good condition. Broken stairs, faulty railings, and damaged flooring can create dangerous situations. If a business owner knows about a maintenance issue but fails to fix it, they may be liable when someone gets hurt.
Regular inspections and timely repairs can help prevent injuries. If a business ignores these responsibilities, they could be held legally responsible for any harm that results from neglected maintenance.
Poor Lighting
Dimly lit areas, especially in stairwells, hallways, and parking lots, increase the risk of accidents. When customers can't see hazards, they're more likely to suffer injuries. Proper lighting is a basic safety measure businesses should maintain.
If an accident happens due to poor lighting, the business may be responsible. Victims often need to show that the inadequate lighting directly contributed to their injury and that the business had time to fix the issue but failed to do so.
Negligent Security
Businesses in areas with a history of crime may be responsible for providing adequate security. Failing to install security cameras, hire guards, or maintain secure entryways can put customers at risk. If someone suffers harm due to inadequate security, the business could face legal action.
A premises liability lawyer can help determine if a business should’ve taken stronger security measures. Evidence such as crime reports, security footage, and expert testimony can play a key role in these cases.
Falling Objects
Improperly secured merchandise, tools, or equipment can fall and cause serious injuries. Businesses, especially retail stores and warehouses, must take precautions to keep customers safe from falling objects.
Stacking heavy items improperly or failing to secure shelving can lead to dangerous situations. When a business’s negligence causes falling object injuries, victims can seek compensation for medical bills and other damages.
Who Can File a Premises Liability Claim?
Not everyone who gets injured on business property has a valid claim. Missouri law classifies visitors into three categories: invitees, licensees, and trespassers. Invitees are customers or clients who enter a business for commercial purposes, and businesses owe them the highest duty of care.
Licensees are social guests or other visitors with permission to be on the property, and businesses must warn them about known dangers. Trespassers are people who enter without permission, and businesses typically don't owe them a duty of care, except in cases involving children and attractive nuisances, such as unsecured swimming pools.
A premises liability lawyer can evaluate the circumstances of an injury and determine if a legal claim exists. Understanding a person’s status at the time of the injury is critical to building a strong case.
Proving Negligence in a Premises Liability Case
To hold a business accountable, we must prove that the business was negligent. This involves demonstrating that the business knew—or should’ve known—about the hazard and failed to address it.
Evidence that can help strengthen a case includes surveillance footage, witness statements, accident reports, maintenance records, and photographs of the hazardous condition.
Victims must also prove that their injuries resulted directly from the unsafe condition. Insurance companies and businesses often try to argue that other factors caused the injury, which is why having strong evidence is critical. A premises liability lawyer can help.
Defenses Businesses May Use
Businesses facing premises liability claims often argue that they weren't responsible for the injury. Some common defenses include lack of knowledge, comparative fault, and assumption of risk. A business may claim it wasn't aware of the hazard and didn't have time to fix it.
Missouri follows a comparative fault system, meaning the injured person’s own negligence could reduce their compensation. For example, if someone ignored warning signs or was distracted, the business may argue they contributed to their injury. If a person knowingly entered a hazardous area, the business might argue they accepted the risk of injury.
What Compensation Can Victims Recover?
When someone gets hurt due to unsafe conditions at a business, they may be entitled to compensation. A premises liability claim can cover:
Medical expenses
Lost income
Pain and suffering
Rehabilitation costs
Emotional distress
In some cases, if a business’s negligence was especially reckless, the court may award punitive damages to deter similar behavior in the future.
Steps to Take After an Injury on Business Property
If you're injured at a business, taking the right steps can help protect your rights. First, seek medical attention, as your health comes first. Get medical care and document your injuries. Next, report the incident to the business owner or manager and ask for a written report.
Be sure to gather evidence by taking photos of the hazard, collecting witness contact information, and saving medical records. Avoid speaking with insurance adjusters, as businesses and their insurers may try to minimize your claim.
Also, don’t provide statements without legal guidance. Finally, consult a premises liability lawyer who can help determine if you have a case and guide you through the legal process.
Reach Out Today
If you or a loved one suffered an injury due to unsafe conditions at a business, get in touch with our premises liability lawyer. We can assess your case, explain your rights, and fight for the compensation. Mook Law Firm LLC serves clients in Kansas City, Missouri. Contact us today.