Understanding Injury Law in Saint Charles, MO
Our attorneys at Shea, Kohl & Alessi, LC explain personal injury law in Saint Charles so you understand how injury cases work and how we can protect your rights through a personal injury lawsuit.
The purpose of Saint Charles personal injury law is to make whole a person who has wrongfully suffered injury through fault of another. The idea is to restore the condition that existed prior to the injury as much as possible. You may bring a personal injury claim based on negligence, strict liability, or intentional acts.
Negligence
Lawyers pursue the majority of personal injury claims on grounds of negligence. To prove negligence under Saint Charles injury law, you must show:
- The defendant owed the plaintiff a duty of care
- The defendant failed to meet the duty of care, injuring the plaintiff
- Recoverable damages exist based on the extent of injury
Examples of negligence:
- A property owner knows about a hazardous condition, such as a concealed deep hole and fails to cordon off the hole and provide a warning sign or repair the condition within a reasonable amount of time after discovering the hazard.
- If a reasonable amount of time passed that the owner should have known about a hazard and failed to discover it, grounds for negligence may also exist.
Strict liability
When a defective auto part causes a car accident, those injured may have grounds for a product liability case, which bases legal grounds on strict liability. The manufacturer is strictly liable for defective products that harm the consumer. Lawyers must provide evidence that the part was flawed and caused the plaintiff’s injury. Injury damages must exist that can be recovered. In Missouri strict liability also applies to dog bite cases where the owner knew the dog was malicious.
Intentional acts
When a wrongful intentional act is committed, such as assault and battery that injures someone, grounds exist for a personal injury lawsuit. In many such cases if the authorities pursue a criminal case, then the individual would bring suit in a civil tort for personal injury damages.
Discuss your Saint Charles personal injury law in a free consultation
A lawyer at Shea, Kohl & Alessi, LC can answer your questions about Saint Charles personal injury law and help you determine whether you have a case. Please contact us today to arrange a free initial consultation at (636) 946-9999.