At Meyerkord, Russell & Hergott, we handle many premises liability cases. We have been prosecuting premises liability cases in Missouri and Kansas for over a decade. Because of the number of premises liability cases we handle, we strive to keep ourselves up to date on the latest developments in this area of practice. Here are a few recent advances in premises liability.
- 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. Missouri law requires you notify certain cities within 90 days if you plan on making a slip or trip and fall case against them. 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.
- The Eastern District also 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. In finding that the employer did not have a duty to prevent the assault, the Court ruled that there was no prior crime, or any indication that an assault was going to happen. Without such notice, the employer had no duty to act.