At The Gogel Law Firm, our St. Louis premises liability attorney knows there are specific legal statutes and deadlines for filing an injury claim when our clients are hurt on private, public, or government property.
Premises liability cases in Missouri, like in other states, typically involve a property owner’s responsibility for injuries that occur on their property due to unsafe or hazardous conditions.
Common forms of premises liability claims may include, but are not limited to, slips and falls, dog bites, and negligent security incidents that lead to injuries or the loss of life that could have been prevented.
Recently, there have been two important changes to Missouri’s premises liability laws that may impact our clients and their abilities to pursue a personal injury claim.
Sender v. City of St. Louis
Missouri law requires all potential claimants to notify certain cities within 90 days if they plan to file a slip, trip, and fall case against them.
The Missouri Court of Appeals for the Eastern District recently clarified what is required in a 90-day notice to cities and municipalities in premises liability cases.
In Sender v. City of St. Louis, the Court held that the claimant need not specify the exact location of the incident, but rather give enough information so that the city or municipality can investigate the claim.
Early v. Dunn
In a different case, but still related to premises liability claims, the Missouri Court of Appeals for the Eastern District held, in crime victim cases, that a defendant must have notice that a crime such as assault or battery may occur before they have a duty to prevent the crime.
In Early v. Dunn, an in-home caregiver was assaulted by her employer’s son and pursued a personal injury case against the employer.
The Court ruled that there was no prior crime, or any indication that an assault was going to happen, which meant the employer did not have a duty to prevent the assault.
Without such notice, the employer had no duty to act.
Have You Been Injured on Private, Public, or Government Property in Missouri?
If you have been injured on public, private, or government property, contact our St. Louis personal injury attorney today to review your case by calling (314) 370-8173 or online to schedule a free consultation. We can help you understand whether these new rulings impact your ability to file a claim against the negligent party.
