Third Party Claims in Premises Liability

by David Zevan on Apr. 21, 2014

Accident & Injury Accident & Injury  Personal Injury 

Summary: For a premises liability case to be successful, the injured party must be able to prove how the defendant failed in their duty to keep them safe.

While Missouri law does offer protection to a person who is injured on the property of someone else, it does also provide protection to property owners from frivolous lawsuits.  For a premises liability case to be successful, the injured party must be able to prove how the defendant failed in their duty to keep them safe.  The law accepts the fact that there are some risks that the property owner may not have been aware of, and should not be held accountable for.  It is a good idea to contact a Missouri personal injury attorney if you are injured on someone else’s property to help determine if you have a valid claim for compensation.

The first thing your attorney will want to do is hear all of the details surrounding your accident.  If there is a clear instance of negligence or recklessness on behalf of the property owner then they will likely recommend filing a claim against them.  It is important to note, that in most instances, personal injury claims are paid out by an insurance company.  So if your accident took place at a friend’s home don’t be hesitant about asking for compensation.  They have homeowners insurance for a reason. If you are injured on their property you should not fear seeking compensation.

While looking over the details of your case, your personal injury attorney will be most interested in seeing whether or not the defendant was lax in their duty to protect you, either by placing you in risk of injury or not warning you of the existence of one.  If the risk was not foreseeable to the defense, then there is a good chance your claim will be rejected.  In this instance, the attorney may look to find 3rd party involvement.  For example, a St. Louis shopper was knocked over and seriously injured by a delivery man pushing a loaded dolly.  A judge found that the store owner could not have reasonably anticipated this happening, and may not even have been aware of the delivery mans’ presence in the store.  The claim was then filed against the delivery man and his company who allegedly settled with the plaintiff for $1 million.

Other instances where a 3rd party could be held responsible for an accident on the property of another is if the accident was caused by a structural defect that the owner was not aware of.  For instance, if a construction worker does not install a handrail properly and you fall as a result, he could be liable for your injury if the property owner had no knowledge that the job was not carried out well. 

There are dozens of scenarios where a 3rd party could be held as the negligent party in your claim.  A qualified Missouri personal injury attorney will look over all of the facts with you and help you decide which is the best plan of action to take to help you recover your damages.

Contact the experienced personal injury lawyers at our law firm today by calling (314) 588-7200 or by filling out our online contact form.

photo credit: jronaldlee

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