If you have been hurt at a store, mall, restaurant, or other business in St. Louis, you are probably wondering who is responsible for the accident or third-party criminal activity – and whether they owe you compensation for what you have suffered.
The store injury attorneys at Sumner Law Group, LLC, are ready to review your unique situation, answer your questions, and provide you with the guidance you need during this difficult time. We have helped many injured people like you pursue claims after accidents in businesses across St. Louis, and we know what it takes to hold these entities accountable.
Contact us today to discuss your case during a free consultation with a store injury attorney at our law firm.
Who Is Liable for Injuries at Stores, Malls, or Restaurants in St. Louis?
Who may be liable for injuries at public businesses usually depends on who controlled the property, whether they knew (or reasonably should have known) about a hazard, and whether they took proper steps to keep customers safe.
Depending on the circumstances, responsibility could fall on:
- Property owners – Shopping mall, restaurant, and store owners may be responsible if unsafe property conditions caused your injury.
- Business operators or tenants – A store or restaurant leasing space in a mall could be held liable if they failed to maintain their section of the premises or did not provide adequate security to address the risk of criminal activity.
- Property managers – Companies hired to maintain the property may share responsibility if they ignored hazards or failed to inspect the property regularly.
- Third-party contractors – Maintenance or cleaning crews can sometimes be liable if their actions (or lack thereof) created dangerous conditions.
For example, a mall operator could be liable when inadequate security leads to a shooting, a store might be liable for accidents on unsafe escalators, and a restaurant tenant may be responsible for wet floors inside their dining area. In some cases, multiple parties could be liable for failing to provide a reasonably safe environment for customers and other visitors.
What Is Premises Liability and How Does It Apply in Missouri?
Premises liability is a legal concept that governs who is responsible for injuries caused by unsafe conditions on another person’s property. Property owners, property managers, and other responsible parties owe certain duties to people on their property, depending on the visitor’s status:
- Invitees – Customers at a public business are considered invitees. Owners and occupiers owe them the highest duty of care, which includes inspecting for hazards, correcting dangerous conditions, and warning customers of risks.
- Licensees – Social guests or people entering for their own purposes are owed a lesser duty. However, owners must warn them of any known hazards.
- Trespassers – Property owners generally owe no duty to trespassers except to avoid causing intentional harm.
If you were shopping or dining when you were injured, you were most likely an invitee. The store or restaurant had a legal duty to keep the premises reasonably safe for you.
Can a Property Owner Be Held Liable for My Injury?
Property owners can be held liable for injuries caused by unsafe conditions they knew or should have known about. A successful premises liability claim generally proves that:
- A dangerous condition existed on the property.
- The property owner was aware of or should have been aware of the condition.
- The owner failed to take reasonable steps to repair it or warn customers.
- The hazard directly caused your injury.
For example, if a grocery store knew about a leaking cooler but failed to fix it or put up warning signs, and you slipped in the puddle it caused, the store could be liable for your injuries.
When Is a Business Not Responsible for Customer Injuries?
There are situations where a business might not have legal responsibility for a fall accident or another type of injury. Missouri courts often consider:
- Open and obvious dangers – If the property hazard was so apparent that a reasonable person would have noticed and avoided it, the business may argue it had no duty to warn.
- Lack of notice – If the hazardous conditions appeared suddenly (like a drink spilled seconds before your fall) and the property owner, manager, or other responsible party had no reasonable opportunity to fix the unsafe condition, liability may not apply.
- Comparative fault – Missouri follows a pure comparative fault system. Your compensation can be reduced if you were partly at fault for the accident. For instance, if you were scrolling on your phone and missed a warning sign, you might not receive full compensation if the court determines you were partially at fault.
What Evidence Should I Gather to Support My Injury Claim?
A successful premises liability claim often depends on the evidence you and your attorney collect. After a trip or slip and fall at a public business, you should try to gather:
- Photos or videos of the hazard that caused your injury
- Contact information for witnesses who saw the accident
- Incident reports filed with store or restaurant management
- Surveillance footage, if available
- Medical records documenting your injuries and treatment
- Proof of lost wages or missed workdays
Our experienced St. Louis premises liability lawyers can help secure these and other types of evidence, including maintenance logs, data about the known risk of criminal activity at the site, employee testimony, and inspection records.
What Compensation Can I Recover After a Store or Restaurant Injury?
If you suffered serious injuries due to an unreasonably dangerous condition at a store, mall, or restaurant, the property or business owner responsible may be obligated to compensate you for your injuries. Some examples of potential types of financial compensation include:
- Medical expenses, including surgery, medication, and physical therapy
- Future medical bills for treatments related to your injuries
- Lost wages and reduced earning capacity
- Pain and suffering, including emotional distress
- Loss of enjoyment of life, if your injury prevents you from engaging in everyday activities
- Wrongful death benefits if the accident took the life of a loved one
In exceptional cases where there was reckless disregard for your safety, punitive damages may also be available.
Common Causes of Injuries at Public Businesses
Accidents at St. Louis businesses often stem from preventable hazards. Common causes include:
- Wet or slippery floors
- Poor lighting in stairwells, hallways, or parking lots
- Uneven flooring, cracked tiles, or torn carpets
- Defective escalators or elevators
- Inadequate security that increases the risk of shootings, stabbings, fights, and other third-party criminal acts
- Falling merchandise
- Broken furniture or unsafe seating
How Can a St. Louis Store Injury Lawyer Help Me Prove Fault in a Premises Liability Case?
Every personal injury lawsuit is different, and proving fault is not always straightforward. While you could attempt to deal with the insurance company on your own, it is not advisable. Working with an experienced premises liability lawyer is an easier, usually more effective way to pursue full and fair compensation.
A St. Louis store injury attorney from Sumner Law Group, LLC, can investigate your premises liability claims and determine who is legally responsible for what happened. If necessary, we will collaborate with experts to determine fault and accurately assess the full extent of your injuries. If insurance companies try to deny or lowball your claim, we will not hesitate to take your case to trial.
In short, your lawyer’s knowledge of Missouri law and courtroom experience can make the difference between a denied claim and full financial recovery in a premises liability lawsuit.
If you were hurt in a store, mall, or restaurant in St. Louis, turn to our premises liability attorneys for help. The mall injury lawyers at Sumner Law Group, LLC, stand ready to explain your legal options and fight for the maximum compensation you deserve.
Contact us today for a free case evaluation from a St. Louis premises liability lawyer at our law firm.
