Missouri Premises Laws

What 'Duty' is Owed to Persons on the Premises?

Missouri is a state which looks to the classification of the injured person in order to determine what, if any, duty is owed to that person. For example, if you are in a restaurant eating dinner and are injured during your visit then Missouri courts will classify you as an 'invitee'.  An invitee is a person "invited on the premises by the owner for the purpose of patronizing the business establishment."  Other examples of an invitee include:

• A prospective purchaser in a retail store
• A prospective member of a church
• A customer in a restaurant
• A grocery store patron while parking her automobile on the store's lot
• A drvier of a truck making a delivery
• A postman while delivering mail
• A customer using a toilet in a store where the tiolet was maintained for customers
• Goverment inspectors on premises in furtherance of their duties

The duty of a possessor to an invitee is absolute. This duty is to actively seek out any dangerous conditions upon the premises and to either warn of thier presence and set up a barricade or remedy the dangerous condition to make it safe.

Liability of Premises Owners to Injuries Resulting from Third-Party Conduct

In Missouri, the owner of a business is subject to liability to invitees for injuries inflicted by the acts of other patrons or third persons IF the owner:

• by the exercise of reasonable care could have known that the conduct was occurring or was about to occur: and
• could have protected customers by controlling this conduct or by giving adequate warning to customers so that they could have avoided the danger.