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Church Disclaims Liability for Injuries a Woman Sustained on its Premises

Meyerkord & Kurth, LLC: A Legacy of Legal Innovation

St. Paul Catholic Church in Highland says it is not responsible for injuries a woman sustained on its premises. The woman filed suit claiming she sustained injuries on the church's premises in 2012 during the annual Kirchenfest. Specifically, the woman claims she tripped while attempting to walk over black basketball poles and other objects that were laid on the ground. According to the lawsuit, the woman suffered a torn tendon in her right shoulder, which required surgery to repair. Additionally, the man who was married to the woman at the time of the accident alleges that he lost his wife's society, companionship and sexual relationship as a direct result of the accident. However, the church says that it is not liable for the incident because the woman failed to mitigate her damages at the time she claims to have fallen. Specifically, the defendant-church alleges that the couple is barred from recovering damages because more than 50 percent of the proximate cause of the injury is attributed to the woman's contributory fault and failure to exercise due care for her own safety. The couple's suit prays for damages in excess of $100,000 in addition to other relief the court deems just.

Premises liability and safety of patrons of a business or public place plays an important role in our society. It is paramount to determine who bears the responsibility of an unsafe condition of a public place. The attorneys at Meyerkord & Kurth, LLC have experience with premises liability cases and can help you recover for injuries that you or a family member sustain while on a business owner's property that is open to the public. Please contact us at (314) 436-9958 or (800) 391-4318 for a no-obligation consultation regarding your potential case.

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