
In Missouri, property owners have a legal duty to maintain a safe environment for those who enter their premises. Injuries sustained on someone else’s property can be life-altering, and understanding how premises liability works is often crucial in order to protect the rights of those affected.
In this blog, we’ll discuss the details of understanding premises liability, explain the complexities of these cases, and highlight why working with an experienced premises liability attorney in Kansas City is essential.
What Is Premises Liability?
Premise liability is a legal concept that holds property owners responsible for injuries that occur on their property as a result of hazardous conditions. This concept extends and applies to visitors of the property, guests, customers, and, in certain states, trespassers, and is known as the “duty of care.”
Maintaining a safe premises requires an owner to identify and address any potential dangers that may cause harm to visitors. This includes property upkeep or, at a minimum, adequately warning visitors of potential hazards. When the owner fails to uphold these responsibilities—whether through neglecting maintenance or failing to warn visitors of existing dangers—it can result in serious harm to those on the property. In such cases, the property owner may be held liable for injuries sustained due to their negligence.
Visitor status under Missouri’s premises liability law includes:
Invitees
Invitees are individuals who are explicitly invited to a property. This can include guests, repair personnel, or delivery workers. A duty of care is owed to invitees while they are on the property.
This means a property owner should take measures to ensure the property is safe and free of hazards and provide sufficient warning of known potential dangers.
Licensees
Licensees are individuals who enter the property with implicit permission. This includes mail carriers, sales representatives, and meter readers.
While the duty of care owed to licensees is less than that of invitees, the property owner is still required to avoid causing harm and to warn licensees of any known hazards. If the property owner fails in these responsibilities and a licensee is injured as a result, the owner may be held liable.
Trespassers
Trespassers are individuals that enter a property without permission or any legal right. There is generally no duty of care owed to those who fall into this category. However, according to Missouri law, there are trespasser exceptions for:
- Children: A property owner owes what is considered a “higher duty of care” to children trespassers. If a child trespassing on land is injured by an “attractive nuisance” (such as a swimming pool, trampoline, tree fort, etc.), the property owner may be liable under specific circumstances.
- Intentional Harm: Property owners are not permitted to engage in conduct that harms “the trespasser by intentional, willful, or wanton act”.
- Constant trespassing and actual knowledge: Property owners may owe a limited duty of care to trespassers who are consistently intruding on their property if there is a hidden danger present. In such cases, the property owner must warn the repeated trespasser of the danger.
In accordance with Missouri premises liability laws, when a property owner fails to uphold a safe environment and an individual gets injured as a result, the property owner may be liable for damages.
Examples of Premises Liability Cases
Understanding premises liability involves recognizing the various ways injuries may occur on someone else’s property. Cases can arise from a range of situations.. Some examples of premises liability cases in Kansas City include:
- Damaged conditions, like broken handrails, deteriorated sidewalks, etc.
- Dog bites
- Swimming pool accidents
- Slip and fall accidents
- Failure to provide adequate security measures (proper lighting, security personnel, or security cameras) that results in injury or harm
- Unsafe products
This is not an exhaustive list of all potential premises liability situations. Should an injury occur, it’s crucial to consult with an experienced premises liability attorney to determine whether the case falls within this area of law.
The Key Elements of a Premises Liability Case
Several key elements are essential for successfully filing a premises liability claim in Kansas City.
Working with an attorney who has a thorough understanding of premises liability cases ensures they have the knowledge and resources necessary to gather all relevant evidence and prove these critical elements.
1. Dangerous Condition
There was a dangerous condition, or hazard, on the property.
2. Reasonable Knowledge
The property owner was aware of or should have known about a hazardous condition through reasonable care. This includes the responsibility to inspect the property regularly and address potential hazards as they arise.
3. Failure to Remedy or Warn
The owner of the property neglected to take reasonable steps to repair dangerous or hazardous conditions, or to warn individuals entering the property of this risk.
4. Damages
The hazardous or dangerous conditions directly caused an injury to the visitor, and damages were suffered. Damages can include medical bills, lost wages, and pain and suffering.
It is important to note that, generally speaking, there is a five-year statute of limitations for filing a premises liability claim. Reaching out to an attorney as soon as a suspected premises liability case may have occurred is vital to receiving proper compensation for damages.
What to Do After Suffering an Injury on Another Person’s Property
Understanding premises liability typically only covers what a case of this nature may look like. However, it is important to understand what an individual should do in the direct aftermath of being injured on someone else’s property.
Taking the following steps can not only protect the injured person’s rights, but can also potentially strengthen a premises liability claim. These steps are always contingent on the safety of the individual, so ensure it is completely safe before committing to them.
Seek Medical Attention
First, it is essential for any injured individuals to receive medical assistance. Some injuries are not always obvious, so even if an individual appears uninjured, they should visit a medical provider to check for any underlying injuries.

In addition to caring for the individual, medical professionals can also document injuries, providing helpful evidence in premises liability claims.
Gather Evidence at the Scene
At the scene of the incident, take steps to preserve the scene exactly as it was when the individual was injured. If it is safe to do so, take pictures of the hazardous or dangerous conditions that led to the injury as well as images of the injuries themselves.
The scene of an accident on someone else’s property can change rapidly—there may even be attempts to clean or alter the scene following an incident to reduce the appearance of liability. Pictures can help preserve the scene for future investigation.
If there were witnesses present at the scene, collect their names and contact information, if possible. These individuals could provide valuable statements about how the incident occurred and offer details about the condition of the property at the time of the accident.
Report the Incident
Notify the owner or manager of the property about the incident as soon as possible. Ensure this report is documented in writing.
If an assault on someone’s property caused the injuries, file a police report and obtain a copy.
Contact a Premises Liability Lawyer before Accepting or Signing Anything
It is important to avoid making statements to insurance adjustors or signing any documents regarding the incident prior to discussing the case with an experienced premises liability lawyer. An attorney who is experienced in liability law will know how to properly handle insurance companies and adjustors in such situations.
Working with a lawyer who understands premises liability helps to ensure that:
- An individual’s rights are protected.
- Those responsible for the accident are held accountable.
- An individual receives compensation for their injuries.

Contact Bartimus Frickleton Robertson Rader for a Premises Liability Lawyer in Kansas City
If you or a loved one has been injured on someone else’s property, it is crucial to seek legal assistance as soon as possible. Time is a key factor in building a strong case, and waiting to take action can result in the loss of critical evidence. Consulting with an experienced premises liability attorney as soon as possible can ensure that your rights are protected.
When representing clients and families, our team devotes time, resources, and experience to ensure proper compensation for medical expenses, lost wages, and other damages. Our team has over 40 years of experience helping injury victims get the compensation they deserve, and we do this by thoroughly investigating each case, addressing every question, and combing meticulously through every detail.
At Bartimus Frickleton Robertson Rader, we care about you and your case. By understanding premises liability, our personal injury lawyers can help you fight for compensation. You can contact one of our lawyers today by using our virtual case tool or by calling our office at (913) 266-2300 to speak with one of our team members.
The above is not intended to be legal advice. Each case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you contact a lawyer quickly to ensure your rights are protected.