Venue: Venue refers to the place where a lawsuit may be brought into court.  In Missouri, in many injury (tort) cases, venue is often determined to be the county where the first injury occurred.

Types of Persons Who May Bring A Claim: There are generally three "types" of persons who may bring a claim for premises liability-they are defined below:

• Invitees are persons who enter with the consent of the possessor of the property and for the benefit of the possessor. This would include customers in a store.

• Licensees are persons who enter with the consent of the possessor of the property but are there for their own purposes. This would include a salesman who comes to your door, or a social guest in your home.

• Trespassers are persons who enter upon the premises without consent or privilege. Permission to enter may be express or implied. This may include a neighbor who has entered your back yard previously , with your knowledge and consent to borrow something, and enters again, without your express permission on a specific occasion.

Elements of Actions: An action by each different "type" of person must meet certain guidelines or elements. These are specified below:

• Actions by invitees must meet three elements: (1) a dangerous condition existed; (2) the possessor of the property knew or should have known of the condition; and, (3) the possessor failed to use ordinary care to remove, remedy, or warn of the dangerous condition

• Actions by licensees must meet five elements: (1) a dangerous condition existed; (2) the possessor had actual knowledge of the dangerous condition; (3) the licensee lacked knowledge of the condition and could not have discovered it in the exercise of ordinary care; (4) the possessor knew or should have known that the licensee was unaware of the condition and could not discover it; and, (5) the possessor failed to use ordinary care to remove, remedy, or warn of the condition.

• Actions by trespassers must meet three elements: (1) a dangerous condition existed; (2) the possessor had actual knowledge of the dangerous condition; and, (3) the possessor had actual knowledge of the trespasser or the application of some exception to the general rule.

General Exceptions:

• The injured person can prove that the owner knew of recurring trespasses at the precise location where he or she was injured.

• The dangerous condition was maintained near a public right of way.

• The dangerous artificial condition was maintained close to land in the possession of another that involves an unreasonable risk of harm to persons lawfully on adjacent land.

• Hidden dangers intentionally placed to injure trespassers.

• Use of any willful, illegal force against the trespasser.

"Attractive Nuisance Doctrine": Typically these words are no longer used, however, the idea is still very much applicable in certain situations. The attractive nuisance doctrine refers to dangerous items that attract young children. Tree-houses, trampolines and swimming pools are a few things which are considered to be "attractive nuisances." Young children are not aware of the danger of these items, or they are so attracted to them that the children tend to disregard the inherent danger. If you have one of these items on your property, it is important to protect young children and yourself by having the item enclosed by a fence and a locked gate. This is not always enough to protect you from being sued, however, it is a good start.

Research and Resource Links: For further information and links to valuable research and resources, please check out our Research and Resources page by clicking here.