We Specialize in St. Louis Premises Liability Cases
At OnderLaw, LLC, the St. Louis personal injury attorneys represent those who’ve been hurt due to the negligence of property owners in St. Louis and the surrounding areas. When a property owner fails to identify, address, or adequately warn visitors of hazards on their property, they can and should be held accountable when people are hurt.
We have the experience, skill, and resources necessary to help you get justice, no matter who the other party might be or how hard they might fight against your injury claim.
Every employee of OnderLaw, LLC was born and raised in the St. Louis area, so we are deeply committed to our community and everyone in it. From the second you hire us, we will treat you like our family. We believe in open and honest communication at all times, and you can depend on us to answer all your questions and keep you updated on the status of your case.
Table of Contents
- Types of Premises Liability Cases We Handle
- Common Injuries Associated with Premises Liability
- Steps You Should Take If You’re Injured on Another Person’s Property
- How Does A Premises Liability Claim Work?
- Types of Losses That May Be Eligible for Compensation
- Premises Liability Frequently Asked Questions
- Contact OnderLaw, LLC Today for Your Free Consultation
Types of Premises Liability Cases We Handle
At OnderLaw, LLC, we have experience representing clients in a range of premises liability cases. Insurance claims and lawsuits are typically the results of a negligent party that fails to maintain or repair their property so it’s safe for guests. Negligence is the legal theory that one person or entity failed to provide a reasonable degree of care to prevent someone from harm. Whether you’re on a commercial or private property, the owner must perform routine maintenance, repairs, and inspections to reduce the risk of injury.
If the property owner or business owner doesn’t fix the damage, remove hazards, or install safety systems, a visitor could sustain severe injuries that land them in the hospital. Sometimes, death could occur in extremely dangerous conditions. We’re aware of the issues that arise that could lead to a premises liability accident. If you believe the owner’s negligent actions led to the accident, you should contact us immediately, and we’ll walk you through your legal options.
Common types of premises liability cases we handle include:
- Inadequate or missing lighting – Stairwells, parking lots, and unsecured areas of the property require lights so visitors can see where they’re going and avoid hazards they encounter.
- Wet or slippery floors – The owner should place warning signs around a wet floor to prevent guests from falling.
- Cracked or uneven sidewalks and walkways – Sidewalks become dangerous if the damage goes unrepaired.
- Unsecured or falling objects – Ceiling tiles and other unsecured items or structures on someone’s property can fall on a visitor’s head, causing injury.
- Animal and dog bites – Dog owners should maintain control over their pets at all times when they’re out in public. Allowing them to roam free could result in an attack on an innocent bystander.
- Toxic chemical exposure – Property owners should clearly mark restricted areas with warning signs and/or caution tape to keep people away from hazards, such as freshly-painted areas, mold growth, and asbestos.
- Defective stairways – Missing handrails, inadequate lighting, and damaged or missing steps create fall hazards.
- Elevator and escalator accidents – Malfunctioning escalators and elevators could cause severe injuries to the rider.
- Negligent security – Secluded and poorly lit areas should have security personnel and cameras to prevent assault and other crimes.
- Safety code violations – Building codes provide standards owners must comply with to create a safe place for visitors, employees, and other parties. Violating safety codes by failing to install smoke detectors or ignoring faulty electrical wiring, for example, could endanger people.
- Slip/trip and falls – Various factors could contribute to a slip/trip and fall accident, including loose carpeting, wet flooring, potholes, and damaged handrails.
- Hazards left on the floor – Business owners and their employees should promptly remove hazards found in areas where people walk.
- Inadequate maintenance – Routine maintenance is critical to ensure the property is in good condition. Regular maintenance facilitates the repair of damage and other issues.
- Swimming pool accidents – Public and private swimming pools can pose a risk to anyone using them, especially young children. Drowning, electrocution, and slip and falls are common causes of injury and death.
The accidents above could all cause injuries that require months of medical treatment and result in expensive bills. Maybe you can’t function at work or earn enough money to support your family due to your physical or mental limitations. Our St. Louis premises liability lawyers will assist you with your claim and fight hard to protect your rights.
You shouldn’t have to suffer the financial consequences when someone else’s careless actions caused the accident. They should be held liable for their poor decisions. We’ll help you seek the financial compensation you need to cover your losses.
How we handle your case will depend on the type of accident that occurred and what kind of property was involved. There’s a difference between commercial, private, and government properties. Depending on how you sustained your injury and who owns the building or land, there might be specific laws and statutes you have to follow. OnderLaw, LLC has the experience and resources to understand the legal procedures we must comply with to prove negligence.
Our team of St. Louis premises liability lawyers will create an effective plan to pursue the monetary losses you deserve. We can perform a thorough investigation, obtain sufficient evidence, and show that the property owner is responsible for your injuries. Our goal is to resolve your case efficiently so you can move forward with your life as soon as possible. When you hire us, we’ll use our experience with past premises liability cases to reach a favorable outcome in yours. You won’t be alone in this fight for justice.
Common Injuries Associated with Premises Liability
Even if you suffered a minor injury, you still have the right to pursue compensation if another person was at fault. You shouldn’t be forced to pay for your medical treatment no matter how low or high those bills turn out to be. Various injuries can result from an accident on a commercial or residential property, such as:
- Broken bones
- Dislocated joints
- Twisted ankle
- Internal damage
- Traumatic brain injury
- Neck and back injuries
- Diseases from exposure to toxic substances
- Pulled or strained muscle
- Spinal cord injuries
For many people, an injury doesn’t only cause physical pain. It can also lead to psychological issues, such as anxiety and post-traumatic stress disorder (PTSD). The incident that caused the physical injuries could result in intense fear for the victim. For example, if you lost your leg on a malfunctioning elevator, you might avoid elevators after that at all costs. Seeking therapy or taking doctor-prescribed medication might be necessary to manage symptoms of anxiety or depression.
Some injuries can lead to permanent impairment or disability. Loss of mobility can impact your ability to work, care for your family, and perform routine tasks. If you require ongoing medical treatment or household assistance, you’ll continue to incur expenses long after we resolve your case. It’s crucial to seek an amount of compensation that can cover your past losses as well as the estimated cost of future medical care.
Steps You Should Take If You’re Injured on Another Person’s Property
In the aftermath of an accident, you likely feel disoriented and in shock. Holding the at-fault party liable for what they’ve done by filing an insurance claim or lawsuit can seem like a daunting task. You want to ensure you’re making the right decision and do what needs to be done to seek the compensation you deserve.
It’s critical that you don’t wait too long to begin the legal process. Sometimes, evidence gets lost or destroyed, especially when it sits around for months or years, collecting dust. Memories also face over time, and any witnesses might forget the exact details of the incident. That’s why you should start working on your case immediately after sustaining an injury.
Seek Medical Treatment
Go to the hospital or schedule an appointment with your doctor after leaving the scene of your injury. It’s vital that you don’t wait days or weeks before your initial ER or doctor visit. Insurance companies typically look out for their own interests and want to avoid paying large settlements. If they can find evidence disproving the severity of a person’s injury, such as a gap in treatment, they could deny the claim or offer a low settlement amount.
After your initial medical evaluation, continue treating with all recommended healthcare professionals until you heal. Don’t skip appointments or allow too much time to pass between each one. You should regularly treat until you fully recover, or further medical intervention isn’t likely to improve your condition.
Hire a St. Louis Premises Liability Lawyer
You have a much better chance of recovering the maximum available compensation with the help of a qualified legal team than if you try to handle your case alone. Soon after seeking initial treatment, contact OnderLaw, LLC so we can begin investigating your case.
During an insurance claim or lawsuit, you could encounter obstacles that you don’t know how to overcome if you’re trying to seek compensation on your own. We’re familiar with the deadlines, state laws, and the evidence we need to collect to prove what happened. If there are any issues along the way, we’ll know how to resolve them.
A premises liability accident can upend your entire life and lead to significant challenges. If you can’t return to your job, you could miss out on earning income. In turn, that can affect your ability to afford your medical bills. Chronic pain or permanent physical injuries can cause emotional distress or psychological damage. At OnderLaw, LLC, we believe that negligent individuals and companies deserve to face the consequences of their actions and pay injured victims the compensation they deserve.
Medical records, doctor bills, and other documentation could strengthen your case. Don’t throw out anything associated with the accident or your injury. Forward everything to us so we can review the records. We’ll determine what additional evidence we need to prove who was at fault for your injury and who we can hold liable for your resulting expenses.
How Does A Premises Liability Claim Work?
After you injure yourself on someone else’s property, it’s important to seek medical attention immediately. Even if your injuries are minor, you should still go to a hospital or urgent care. Having documentation of treatment can help you if you decide to seek legal representation from OnderLaw, LLC.
When you hire us, we will handle every aspect of your case from beginning to end so you can focus on recovery. We’ll begin by filing a claim against the property’s insurance company on your behalf.
Every business carries general liability insurance if someone is injured on their property. The amount of compensation we work for will depend on the liability limits listed in their policy.
Once we file a claim and obtain a copy of the insurance policy, we’ll know the maximum compensation we can pursue from the insurance company.
During this time, you should follow your physician’s directives and show up regularly for appointments. Whether you need to see a physical therapist, chiropractor, or another specialist, it’s vital to seek the medical care you need until your doctor releases you from care.
Your medical records could provide excellent evidence in your claim to show the insurance company you were injured because of someone else’s negligence.
Along with your medical records, we’ll work to obtain any evidence we believe we need to prove you should receive financial compensation. Some of this evidence might include:
- Incident reports
- Property records or lease agreements
- Witness statements
- Insurance policies
- Video surveillance
- Photos of the accident scene
- Photos of your injuries
- Affidavits from experts
The more evidence we can collect, the better your St. Louis premises liability case will be. We’ll be able to use all of it to prove to the insurance company that you deserve the maximum settlement available to compensate you for the losses you’ve incurred.
If, at any time, we are not able to reach a settlement, or the settlement offer from the insurance company is lower than expected, we can move forward with filing a lawsuit.
Premises liability lawsuits are typically filed against the building’s or property owner’s insurance company. They could even be brought against an individual, such as the property owner, business owner, or employee that caused the accident.
OnderLaw, LLC’s trial lawyers never back down from a fight and will use our expertise to fight hard for you.
Types of Losses That May Be Eligible for Compensation
Economic and intangible losses can result from an injury due to someone else’s negligence. In St. Louis premises liability, compensation for these losses is intended to make a person “whole” or as whole as they can be. In other words, your losses should be anything that can help you recover from your injuries, emotional trauma, and financial responsibilities due to the accident.
Many states vary when it comes to losses, and your premises liability attorney from OnderLaw, LLC will tell you which ones you can claim. In the state of Missouri, you can seek compensation for:
- Medical expenses – Any hospital, physical therapy, home health care, surgery, prescription medications, and specialist treatment
- Loss of Income – Any missed days at work and/or lost vacation or sick days due to your injury preventing you from working
- Future Earning Capacity – If your ability to work was limited in some way; you can recover the difference in income
- Pain and Suffering – Pain and discomfort due to your physical injuries, as well as the effects of these injuries on your lifestyle
- Emotional Distress – PTSD, depression, anxiety, or any other psychological trauma the accident caused
- Loss of Consortium – Immediate family members can seek compensation for their losses because of the relationship they had with you before the accident
- Wrongful Death – If a premises accident resulted in death, immediate family members could seek compensation
If the liable party’s insurance limits are high enough, you may be able to receive compensation for all your losses. Whichever losses you want to claim, it’s important to keep a record of everything. Maintain receipts for prescriptions, copies of your medical records, and any lost wage reports for your missed time at work.
If you’ve paid for anything out of pocket, you can keep those receipts or bank statements as well. All of this documentation can help us in your case and show the insurance company what your expenses are, so they will have to pay out their insurance liability limits to you.
Premises Liability Frequently Asked Questions
OnderLaw, LLC wants you to prepare you for the legal road ahead. Holding a business owner or property owner liable for their negligence can be an uphill battle. You should understand your rights and the steps you need to take to seek the compensation necessary to heal your injuries. We answered some of the most common questions clients ask us about premises liability cases.
If you want to sue the at-fault party for compensation for your losses, you must follow Missouri’s five-year statute of limitations. That means you have five years from the date of the accident to file your lawsuit. If the deadline passes, you could lose your right to hold them liable.
No. You should never discuss the case with the at-fault party’s insurance company. They might call you to obtain information about the incident, your injuries, and other details. However, they’re also fishing for any evidence that could shift blame away from their policyholder so they can deny your claim. Give them our contact information, and we can handle all communication on your behalf.
Yes. You can file a lawsuit against the negligent business owner, but the jury could reduce your financial award if they find that your actions contributed to the accident. Pure comparative fault diminishes the monetary value of a victim’s case by the percentage of fault they share. For example, if you suffered $20,000 in losses, but the jury assigns you with 20% blame for your injuries, you could only pursue up to $16,000 in compensation.
Contact OnderLaw, LLC Today for Your Free Consultation
OnderLaw, LLC is proud to be recognized by distinguished groups and organizations, such as Martindale-Hubbell, Million Dollar Advocates Forum, The American Trial Lawyers Association, and SuperLawyers. We’ve also been featured by USA Today, The New York Times, Chicago Tribune, and the Los Angeles Times.
Our deep roots in the St. Louis community have earned us a stellar reputation. We are noticed for our achievements and the work we do for our clients. There’s no case, big or small, that we can’t take on. Our legal knowledge, experience, and connections within the community are vital to our success.
Our friendly and dedicated legal staff are standing by, waiting for your call. You can call us at (314) 963-9000, fill out our contact form, or Chat Live with one of our legal representatives for a free consultation.
We will meet with you whenever it is most convenient to discuss your St. Louis premises liability case. Whether your injuries are minor or life-threatening, you can depend on us to aggressively fight against the insurance company to reach a favorable outcome for you.