Can You Recover for Injuries if You Are Partially at Fault in Missouri?
In Missouri, a person injured due to someone else’s negligence, such as a car accident, trucking accident, motorcycle accident, or slip and fall, can recover a portion of their damages even if he or she also had some fault in causing the accident. Although many states prohibit a person who is injured from collecting any of his or her damages if a jury or judge finds the injured person was more than a percentage threshold of fault, Missouri does not require such a threshold and follows the doctrine of pure comparative fault.
Understanding Comparative Fault
Under pure comparative fault, an injured person is entitled to the percentage of damages equal to the percentage of fault that the judge or jury accesses to the other party. For example, if a person is injured in a car accident and the judge or jury determines that the accident was 40% the fault of the injured driver and 60% the fault of the other driver, the injured driver may collect 60% of their damages from the other driver. This is true even if the injured driver is 99% at fault. If an injured driver is 99% at fault, the injured driver may collect 1% of their damages.
Many times, there are multiple parties whose fault contributed to an accident. In those situations, pure comparative fault still applies in Missouri. For example, if there is a situation where there are three parties at fault, including the injured party, the injured party may recover damages from the other two parties in proportion to their fault. Therefore, if a jury determines the fault of the injured party is 10%, the injured party may collect 90% of their damages from the other two parties in proportion to their fault.
Where multiple parties are at fault, the insurance companies for the negligent drivers often point fingers at the other parties as a tactic to try to avoid paying the injured party’s claim. At Dreyer & Tinney, we have over 30 years of experience handling cases involving the fault of multiple parties. We will fight the insurance companies to ensure that our clients are fully compensated by the responsible parties for their damages.
It is especially important in situations involving multiple parties that an experienced attorney is contacted as soon as possible in order that evidence can be collected and preserved.
Contact Dreyer & Tinney Today for a FREE CONSULTATION
Seeking counsel from experienced attorneys becomes pivotal in ensuring a strategic and informed approach for just compensation. The unique dynamics of Missouri’s system reinforce the need for a thoughtful and intentional pursuit of resolution.
Call the personal injury attorneys at Dreyer & Tinney today at (417) 782-6822 or fill out our contact form for a free legal consultation about your case.
Timely Justice: Missouri’s Slip and Fall Statute of Limitations
In the realm of legal matters, time is of the essence. Nowhere is this more apparent than in slip and fall cases in the state of Missouri. It’s crucial to have a firm grasp of the statute of limitations, a legal concept that defines the time window within which individuals can file a claim against negligent property owners or managers. If you miss that window, your claim will fail, and you will be left without the damages you are entitled to.
The Foundation: Statute of Limitations
The statute of limitations is the cornerstone of any legal case and slip and fall claims in Missouri are no exception. The statute of limitations outlines the specific timeframe within which individuals must initiate a claim after experiencing an injury. Slip and fall cases are typically subject to a statute of limitations of five years, commencing from the date of the injury. It is important to know the date you were injured and seek help before the five-year deadline to preserve your claim.
Variations in Statute of Limitations
While the general statute of limitations for slip and fall claims is five years, exceptions exist based on the circumstances of the incident and the parties involved. In Missouri, negligence claims encompass a wide range of situations, including injuries from slips, trips, and falls, dog bites, motor vehicle accidents, and various acts or omissions by individuals or businesses. For these cases, the standard statute of limitations remains at five years from the date of injury.
However, if the slip and fall incident tragically results in the death of the injured party, the statute of limitations changes. In such instances, the family of the deceased has the right to file a wrongful death claim against the defendant, with a statute of limitations reduced to three years.
It’s important to note that if an individual is injured due to negligence but passes away from unrelated causes, their original five-year statute of limitations remains intact. To pursue the negligence claim, an estate must be filed within 6 months from the initial publication of the executor appointment notice.
Special Considerations for Municipal Defendants
In cases where the defendant is a city or city entity, the standard statute of limitations applies. However, injured parties must provide the relevant municipal entity with a 90-day notice specifying the details of the injury and their intent to seek damages. Common examples of negligence involving municipal defendants include accidents on city sidewalks, car crashes during police pursuits, and hazards in public transportation.
Time is of the Essence – Contact Dreyer & Tinney Today
Understanding the statute of limitations for slip and fall cases in Missouri is pivotal. It ensures that individuals not only meet the deadline for filing claims but also navigate the intricate legal landscape that surrounds these incidents. If you or a loved one has experienced a slip and fall accident, seeking timely legal counsel is the first step toward securing the justice and compensation you rightfully deserve.Call the personal injury attorneys at Dreyer & Tinney today at (417) 782-6822 or fill out our contact form for a free legal consultation about your case.
Mastering Premises Liability in Missouri: A Legal Insight
In the realm of personal injury law, premises liability claims are both complex and highly significant. These claims arise when an individual is injured on another person’s property due to the property owner’s negligence or failure to maintain a safe environment. Understanding the elements of premises liability in Missouri is crucial for you if you have been affected by a property owner’s negligence. In this blog, we delve into the nuances of premises liability in Missouri, aiming to provide a deeper understanding of the elements that you would need to prove to successfully bring a claim for damages against a property owner.
Supreme Court Establishes Elements
The Missouri Supreme Court established that the elements of a slip and fall claim are that the landowner “(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they would not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger.”
Duty of Care
The first element in any premises liability case is the duty of care owed by the property owner to those who enter their premises. Under Missouri law, property owners have different levels of duty depending on the status of the person on their land. The duty of care can be categorized into three main groups by their legal terms:
- Invitees: These are individuals who are invited to the property for a specific purpose, such as customers in a store. Property owners owe the highest duty of care to invitees and must ensure the property is reasonably safe and free from hazards by maintaining the premises to that standard and warning licensees of unseen dangers.
- Licensees: These are individuals who enter the property with permission but not necessarily for a commercial purpose, like social guests or maintenance workers. Property owners owe a duty to warn licensees of any known hazards or dangers on the property.
- Trespassers: Property owners owe the lowest duty of care to trespassers but must not engage in willful or wanton misconduct that could harm them. A trespasser, in most circumstances, could not bring an action against a property owner for a slip and fall accident.
Breach of Duty
In a premises liability case, establishing a breach of duty is crucial. To prove negligence, it must be demonstrated that the property owner breached their duty of care. This could involve failing to address known hazards, inadequate maintenance, or lack of warning signs. Key factors to consider when assessing a breach of duty include the foreseeability of harm and the reasonableness of the property owner’s actions or inactions.
For example, if a local business fails to clear the ice from the parking lot on their property, and a customer slips and falls, the business is likely to be liable for that person’s injuries because their customer was an invitee, and it was reasonably foreseeable that their lack of action in clearing the ice would cause someone to slip and fall.
To successfully pursue a premises liability claim, it is essential to demonstrate that the injury was caused by the other party, and that it resulted in damages, which could be physical, emotional, or financial. Damages can encompass medical expenses, pain and suffering, lost wages, and any other losses resulting from the injury.
Missouri follows a system of comparative fault, which means that the injured party’s degree of fault is considered in determining the amount of damages they can recover. Understanding this aspect of Missouri law is crucial, as it can significantly impact the outcome of a premises liability case.
Contact Dreyer & Tinney Today for a Free Consultation
Premises liability cases can be intricate, and the ability to navigate them successfully requires a deep understanding of the law. By embracing these principles and recognizing their significance, attorneys and their clients are better equipped to face the challenges posed by premises liability claims in the state of Missouri. Call the personal injury attorneys at Dreyer & Tinney today at (417) 782-6822 or fill out our contact form for a free legal consultation about your case.