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BUSINESS PREMISES LIABILITY
In the most general terms, Restatement (Second) of Torts §343 defines the duty of care owed by a business owner to its business invitees, and establishes that the possessor of land is liable to a business invitee if the possessor: knows or by the exercise of reasonable care would discover the condition, and should realize Read More
NEGLIGENCE PER SE ANALYSIS
At the most basic level, general negligence principles create liability when there is: A duty by the defendant to protect the plaintiff from injury; and Negligence by the defendant in failing to fulfill the duty; and Injury to the plaintiff caused by the negligent failure to fulfill the duty. However, when the conduct violates an Read More
Business Owner Liability For Private Parking Lot Designs
Business owners often maintain private parking lots for their business customers. Those customers are business invitees to whom the highest degree of care is owed. The highest degree of care includes an obligation to design the parking lot to provide a measure of protection to pedestrians against being struck by motor vehicles (among other issues). Read More
CAUSATION & INDIVISIBLE INJURY ISSUES
Missouri has a very broad view of “causation” applicable to injury cases. An injury must be causally connected to an event. Missouri recognizes that multiple factors can directly contribute to cause an event or incident, and also recognizes that multiple events can directly contribute to cause a single indivisible injury or condition. Sole Cause jury Read More
Automobile & Pedestrian Liability Issues
Differences Between Public Roads and Private Parking Lots The law related to collisions between automobiles and pedestrians on public roads is different than on private parking lots. The standard of care and the rules of right-of-way are entirely different. On public roads, a number of statutes apply to the interaction between motor vehicles and pedestrians: Read More
OWNER LIABILITY FOR DOG BITES
Up to four different legal theories address how owners of dogs may be exposed to liability in the event the dog bites someone. The rational of each is quite different. Under the first theory, if the owner is aware of the dangerous propensities of the dog, the owner is under a common law duty to Read More
TRUSTEES USE OF DECLARATORY JUDGMENT TO OBTAIN JUDICIAL INSTRUCTIONS
Trustees are sometimes faced with difficult or impossible decisions during trust administration. While Courts are historically reluctant to issue advisory opinions or instructions, there is a substantial body of law, both procedural and substantive, giving the Trustee the right to ask the Court for instructions about administration of the Trust. Procedural Authority Missouri Supreme Court Read More
HISTORY OF LIVESTOCK LAW IN MISSOURI
People who own livestock (sheep, cattle, horses, etc.) are often liable for damages caused should their stock escape their enclosure and cause damage or injury. The cause of action under the stock law is a very specific cause of action, filed under §270.010, RSMo. This cause of action is strictly statutory, based on the claim Read More
2017 CHANGES TO SUPREME COURT RULE 5.26
New Voluntary Trustee Designation Rules Trustee Appointment Trustee Duties Applicability of Voluntary Designation Provisions The Model Rules for Attorneys, published by the American Bar Association, have been adopted in large part by the Missouri Supreme Court. One such Rule is Model Rule 28, providing for appointment of a Trustee to administer the practice of a Read More
ASSETS AND PROPERTY OF A MISSOURI DECEDENT
There are a number of different, varying and sometimes complicated provisions of Missouri law that can affect what happens to assets and property after someone’s death. For these reasons alone, it is always advisable to speak with a Missouri Probate attorney sooner rather than later following a death of a family member or loved one. Read More
