Personal Injury Law

Judgment Reversed in Missouri Premises Liability Case

By Ryan Bradley, Esq.

The Missouri Court of Appeals reversed a ruling in favor of the Clay County Election Board that determined it had no responsibility for the injury of Evelyn Thomas, a Clay County resident. Thomas was injured when she slipped and fell on ice while trying to vote in a presidential primary. The initial ruling stated the election board was entitled to sovereign immunity. The court?s analysis was based on the fact that Thomas? fall occurred outside of a 25-foot perimeter from the polling place doors. The Court of Appeals reversed and remanded this judgment saying the perimeter test was not the proper legal test for waiving sovereign immunity.

Sovereign immunity is the doctrine that a state or official of the state can?t commit legal wrong and is immune from civil suits. Its origins can be traced back to English monarchies where the kings and queens lived above the law. The rationale for following such an antiquated doctrine in modern times was that lawsuits could impact the budget of local governments and hinder their ability to function. The reality is that sovereign immunity can be abused by government officials in order to protect themselves from being sued for negligence in personal injury cases.

In Missouri, revised statutes have said sovereign immunity can be waived in certain cases, allowing a plaintiff to collect damages from the state or public entity, such as an election board. One of the exceptions to sovereign immunity is the defective condition of property.

The initial ruling in the Thomas case was sovereign immunity could not be waived because of a ?bright line test? based on the distance from the polling place. A ?bright line test? or ?bright line rule? is used by courts to clarify ambiguity in laws that can be read multiple ways. For instance, the election board is responsible for making sure the condition of the polling place did not pose a danger to voters, but the definition of what areas constitute the polling place can be ambiguous. Is it just inside the building where the polls are? Does liability extend to the sidewalk outside, and, if so, how much of the sidewalk? The defense attempted to establish a ?bright line rule? of a 25-foot perimeter from the polling place door since the injury occurred farther away and thus the election board would retain immunity. Opponents often say these types of rules are too simplistic and applying them to all situations can lead to unjust results. The Court of Appeals felt the Thomas case was one where a 25-foot ?bright line rule? did not apply and the election board could exert control and possession beyond that perimeter.

Lawyers representing government entities and large corporations will use these types of rules in an effort to establish governmental immunity and deny injured people the money they need to cover their expenses. Because of the complicated nature of these rules, people suffering an injury because of government negligence need to contact an experienced personal injury attorney as soon as possible.

This case also dealt with premises liability which is an area of personal injury law that alleges dangerous property conditions led to an injury or death. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If you have any questions about premises liability or personal injury law, visit our ?Common Questions? page or our contact page. The Bradley Law Firm has handled personal injury cases for 30 years and offers free, no obligation consultations.

Full post as published by Missouri Accident Lawyer Blog on June 10, 2008 (boomark / email).