Table of Contents

• Our Results Speak for Themselves
• Where Are People Usually Hurt in Premises Liability Cases?
• What Is Premises Liability?
• Invitees Versus Licensees
• Cape Girardeau Premises Liability FAQS
• Contact Cook, Barkett, Ponder, & Wolz Today

Our Results Speak for Themselves

Here are some examples of our successes over the years.

Of course, we cannot guarantee these results, but here is a sample of the work we pride ourselves on:

• $1.1 million settlement for products liability and road design defect case
• $17 million verdicts in a personal injury case

Where Are People Usually Hurt in Premises Liability Cases?

In a premises liability case, any visitor on the premises is vulnerable to an injury if the owner fails to maintain the property.

Premises liability cases arise out of some everyday situations, including:

• Slip and fall accidents in grocery stores like Schnucks or Food Giant
• Poorly maintained properties, including apartment complexes
• Dog bites in Cape Rock Park
• Inadequate security at local arenas or hotels
• Injuries at swimming pools like the YMCA
• Wet floors in retail stores like West Park Mall or Tanger Outlet Mall
• Dangerous conditions at restaurants like Lambert’s
• Broken or poorly maintained sidewalks
• Sidewalks, walkways, or entrances that have snow blocking safe entry
• The owner failed to erect a “Wet Floor” sign after rainfall, or an employee had mopped the floor
• Dangerous conditions at the Sikeston Bowling Center or other recreational facilities

The above list is far from exhaustive. Property owners must keep their property free from unreasonable dangers in each state. The general rule for property owners is that they are responsible for any harm to a visitor while that person is on their property. The extent of the property owner’s liability depends on the person’s status on the property.

What Is Premises Liability?

Premises liability refers to the area of law that requires property owners to be careful that their property is free from any obstruction or condition that is dangerous and may potentially cause injury to visitors. The law punishes property owners and their agents when they fail to keep up the property and someone is hurt. If a court finds a property owner to be negligent, then the property owner is responsible for paying the injured person’s medical bills.

If a property owner acts in specific ways, a court may find that they were negligent.

Examples of negligent actions by a property owner include:

• There was an unsafe condition on the property.
• The property owner knew about the dangerous condition. A reasonable person will expect that the owner should know about the condition if the owner adequately inspected and maintained the property.
• The owner neither removed a dangerous condition once they found out about it nor adequately warned others about the condition.
• An unsafe condition on the property injures someone.

Invitees Versus Licensees

The property owner owes specific duties to those who visit their property. The duty owed to the visitor depends on their status. A visitor may fall within the category of invitee or licensee. What duty a property owner owes to the visitor depends on whether they are an invitee or a licensee.

What Is an Invitee?

An invitee is a person that enters a property owner’s shop or onto their land for a business or professional purpose. For example, an invitee is a person who goes to a grocery store to buy food or household goods. A property owner owes an invitee a duty to keep the premises clear from danger. The property owner must use care to inspect, identify, and fix any dangerous conditions or at least warn their visitors about them.

What Is a Licensee?

A licensee is a person that enters an owner’s property or goes onto another’s land with no commercial or professional relationship. A licensee is a social guest.

A property owner owes a licensee a lower level of care than they do to an invitee. Unlike an invitee, a property owner must only keep from willfully or wantonly injuring a licensee. A property owner does not have a duty to inspect their property for dangerous conditions if their guest is a licensee. When a licensee visits an owner’s property, the owner must only protect licensees from hazardous conditions known to the owner.

Common Injuries in Premises Liability Claims

With premises liability claims, injuries can range from temporary and mild to permanent and life-threatening. Recovering on a premises liability claim can be complex. Having an experienced attorney working on your behalf is the first step to maximizing your recovery. Call the personal injury attorneys at Cook, Barkett, Ponder, & Wolz for your free consultation.

Examples of common injuries sustained in premises liability claims include:

• Bruises
• Cuts or lacerations
• Scrapes
• Broken bones
• Concussions and traumatic brain injuries
• Amputation
• Paralysis
• Death

This list is not exhaustive. There is no way to predict what injury or injuries you may sustain after being in an accident on a dangerous property. After you are hurt, you need an advocate. Call the attorneys at Cook, Barkett, Ponder, & Wolz to learn more about your options after an injury and what our firm can offer you regarding representation.

We look forward to assisting you.

What Damages Can I Recover in a Premises Liability Case?

Like many other injury cases, various damages are available in a premises liability case. To understand what damages you can recover, think of these damages as falling into one of two categories- economic or non-economic.

What Are Economic Damages?

Economic damages are losses that you can give a specific dollar amount. They may be what you normally think of when suing for an injury caused by another.

Economic damages are a broad category of damages and may include:

• Medical bills
• Hospital stays
• Loss of income
• Loss of earning capacity
• Loss of the value of the injured person’s services to their spouse
• The costs of hiring outside help for household duties and chores
• The loss of the value of the injured person’s services to their family members

What Are Non-Economic Damages?

Non-economic damages are also a broad category and may include all other damages that you cannot assign a monetary value.

Non-economic damages include:

• Pain and suffering
• Mental anguish
• Inconvenience
• Physical impairments
• Disability
• Disfigurement
• Loss of enjoyment of life

Cape Girardeau Premises Liability FAQS

How Can an Injury Lawyer Help Me?

A lawyer is an advocate. Insurance companies have advocates of their own that protect the company’s interests. Insurance defense lawyers work tirelessly to ensure that the company’s bottom line is secure. That often means that injured people do not receive adequate compensation for recovering fully from their injuries after an accident.

Insurance companies often try to intimidate an accident victim that goes against the company on their own. If that does not work, the company will offer a lowball final settlement amount that is typically much less than you need to pay for your damages.

An experienced accident lawyer knows the tricks that insurance companies pull and how to avoid pitfalls. Insurance companies tend to take your claim more seriously when you have an attorney working for you and do not try to deceive you with a lowball settlement offer. An accident attorney will act as your voice.

We are your voice at Cook, Barkett, Ponder, & Wolz. We have over a century of experience standing up to big insurance companies and ruthless defense lawyers and winning for our clients. Our results speak for themselves. We have helped our clients recoup millions of dollars in compensation over our many years of service. If you have suffered an injury in an accident, we want to talk to you. Call the accident attorneys at Cook, Barkett, Ponder, & Wolz, or visit us online to schedule a free consultation today.

How Can I Pay for an Injury Attorney?

One of the biggest reasons that accident victims do not pursue the compensation they deserve is that they do not think they can afford an attorney. They may not know that many accident attorneys use a contingency fee structure.

A contingency fee is a payment arrangement between an attorney and client that allows payment for the attorney’s legal services to wait until after the case is closed. The attorney and client agree that the client does not owe the attorney money for their legal services unless there is a monetary recovery. This is called a contingency fee agreement.

The attorney must write down the terms of the contingency fee agreement, and both the attorney and the client must sign the agreement. You must ensure that the terms of the contingency agreement are clear and that you understand the entire agreement.

Terms of the agreement typically include the percentage of the settlement award the attorney will require as payment of their legal fees. Even after you pay this percentage, having an attorney will generally lead to more take-home compensation than you otherwise might have received.

An attorney and client must also agree on when the client will pay litigation costs. You can opt to pay the litigation costs as the case unfolds or have the attorney’s office front the cost and repay them at the end. Litigation costs include the expenses incurred to keep a trial moving forward.

Litigation costs can include:

• Filing fees
• Deposition transcript fees
• Mediation fees
• Printing, copies, and mailing costs
• Cost of creating exhibits
• Expert witness testimony fees

Call the injury lawyers at Cook, Barkett, Ponder, & Wolz today to speak to an experienced trial attorney. We at Cook, Barkett, Ponder, & Wolz have a combined 100 years of trial experience. We know that paying steep legal fees is intimidating, but you deserve the chance to pursue the compensation you deserve. Call us today, or visit us online, to schedule a free consultation and discuss payment arrangements with one of our attorneys.

Contact Cook, Barkett, Ponder, & Wolz Today

Our firm has the trial experience you need to get compensation for your damages after an accident. If you have suffered an injury after an accident on someone else’s property, call the injury attorneys at Cook, Barkett, Ponder, & Wolz to protect your rights against negligent property owners, big insurance companies, and intimidating defense lawyers. In our 100 years of combined trial experience, we have helped our clients recoup millions of dollars in compensation.

We have spent our years of service helping injured people put their lives back together after an accident. Let us help you, too. Call Cook, Barkett, Ponder, & Wolz at (573) 335-6651 or contact us online for your free consultation if you have suffered an injury on someone else’s property in Cape Girardeau or elsewhere in Southeast Missouri.

Testimonial:

I had never worked with lawyers, and at first I was scared, not knowing what to expect. When I first met with Cook, Barkett, Ponder & Wolz, I immediately breathed a sigh of relief. I’m a shy person, and they gave me confidence to speak out. The experience was very good. If you are in a similar situation, I highly recommend them. They’ll take care of everything. – Laura A.