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2300 Main Street, Suite 170
Kansas City, MO 64108
Premises liability refers to the legal responsibility of a property owner to maintain their property in a safe condition for those visiting the property. The extent of liability a property or business owner has is dependent on the types of visitors.
Premises liability exists if the property owner knew of the dangerous condition and failed to remedy it or failed to properly warn of its presence or protect those lawfully on the property from being injured as a result of it.
There are three types of visitors in premises liability: Invitees, Licensees and Trespassers.
Invitees are individuals invited onto the property for a business purpose, such as shoppers at a grocery store, contractors performing work on a house, or a delivery person.
The highest level of responsibility is with invitees, where the property owner “owes invitees the duty to exercise reasonable care to protect them against both known dangers and those that would be revealed by inspection.”
Licensees include those invited onto the property for social purposes or a reason unrelated to business. They are on the premises with the owner’s express or implied permission but not for the owner’s financial benefit. Examples might be a guest visiting a friend’s house, entertaining guests at a party or someone who came into a business to use the restroom. If the property owner knows of a danger, they have to take reasonable steps to protect licensees from it.
One difference between invitees and licensees is that, for licensees, there is no duty to look for other possible dangers. Property owners can typically warn licensees of the danger to satisfy their duty.
Trespassers do not have the owner’s permission to enter the property. Therefore, property owners owe a lesser duty of care to trespassers. Property owners owe a reasonable level of care to invitees and licensees.
Exceptions with trespassers include:
Missouri Revised Statute section 537.351 – Trespassers, no duty of care by owners, exception – liability for physical injury or death, when
The extent of liability a property or business owner has is dependent on the type of visitor the injured party is.
Have you suffered a serious injury where there is some neglected hazard or a potential for a hazard while on another person’s property? An experienced personal injury lawyer familiar with fall claims and premises liability laws can help you.
Having an attorney who is your advocate can offer you peace of mind during your recovery. We have a successful track record of helping accident victims collect the compensation they deserve. Call the Kansas City-based law firm of Nash & Franciskato at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
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