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Premises Liability Attorneys St. Louis

St. Louis and Southern Illinois Personal Injury Lawyers

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Premises liability attorneys in St. Louis. Property owners and managers in St. Louis have a responsibility to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and good people are injured through no fault of their own. When that happens, you need dedicated and experienced St. Louis premises liability attorneys to fight for your rights and get you the maximum compensation you’re entitled to. At Halvorsen Klote Davis, our attorneys are dedicated to leveling the playing field between large corporations and insurance companies and everyday people every day. We take cases in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Speak to our premises liability attorneys today (314) 451-1314 or contact us online for a free consultation.

What Are the Premises Liability Laws in Missouri and Illinois?

Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws for both states.

The laws in each state are largely similar: A property owner has a duty to warn against or repair a “dangerous condition” they either knew of or should have known of through reasonable care. If they don’t, they can be held liable for any injuries suffered as a result of the dangerous condition.

The states do differ in one key aspect, and it concerns the duty of care owed to different types of visitors.

Types of Visitors in St. Louis Premises Liability Cases

The law distinguishes between three types of visitors in premises liability claims:

1. Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can be a customer in a retail store, people dining at a restaurant or someone shopping in a grocery store. A public invitee is someone on property that the public can access, for example a park or library. Property owners are liable for an invitee's injuries caused by hazards they knew about or should have known about.
2. Licensees — A licensee is someone who has the permission of the property owner to be on the premises, but there is no express financial benefit to either of them. These can be social guests, but the law might apply to someone who stopped into a store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
3. Trespassers — Trespassers are on the site illegally and/or without permission of the property owner. Therefore, they do not have the same protections as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:

Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable for a trespasser’s injuries if the landowner acted with “willful and wanton misconduct.” Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held liable.
Under the attractive nuisance doctrine, a child who is trespassing may be considered an invitee. An “attractive nuisance” is something about the property that could make a child want to enter the property. Examples could be swimming pools, trampolines, ladders or power tools. In this instance, the family of the child may still sue the landowner for the child’s injuries.

Injured in St. Louis? Call Us.

Proving Your Premises Liability Claim in St. Louis

In any personal injury case, you must prove the following four elements in order to win a claim for negligence:

1. Duty of care — Did the property owner or manager owe you a duty of care to keep you from unreasonable harm? The extent of a landowner's duty of care depends on what kind of visitor you are and what state you're in. Generally, anybody who is legally on the property is owed a duty of care.

2. Breach of duty — If they fail in their responsibility, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, or not putting a "wet floor" sign out. If it's something structural, like a loose handrail, you may have to look at if it had been complained about in the past, or if they should have noticed it on a routine inspection.

3. Causation — Did the dangerous condition directly cause your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Similarly, if you didn't see warning signs because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the hazard.

4. Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show economic loss, such as lost wages and medical bills, to make a claim for emotional harm and pain and suffering. If you sustained a bruise, but didn't need medical attention or miss any time off work, you likely do not have enough to make a case.

Halvorsen Klote Davis’s St. Louis premises liability attorneys have taken on, proven and won these types of cases before. If you have any doubts about the validity of your claim, or have questions about filing a personal injury lawsuit, don’t hesitate to speak to one of our attorneys for free today at (314) 451-1314.

Types of Premises Liability Cases in St. Louis

Slip and Falls

Falling is by far the most common nonfatal preventable injury. Slip and falls account for over one million emergency room visits a year, and are the primary cause of lost days from work.

Slip and falls can be caused by:

Inadequate Security

These cases often arise in apartment buildings, offices or hotels. The owners of these properties must take reasonable steps to ensure that dangerous people don’t have access to the building, or certain areas of it. Examples of this could include security guards or needing a code to enter the building. Typically, lawsuits for inadequate or negligent security occur after someone has been the victim of a crime. While the criminal justice system may secure a conviction of the offender, you’ll typically need to take civil legal action – with the help of premises liable attorneys – against a property owner in order to get justice in the form of financial compensation.

Swimming Pool and Amusement Park Accidents

Swimming pool accidents usually happen to children. Drowning is the leading cause of death to children under the age of five. Public swimming pools need to be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.

In 2016, an estimated 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks, structural issues or poor designs. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn’t and you ended up injured, our St. Louis premises liability attorneys will hold them accountable.

Fire and Smoke Injuries

There are strict laws for smoke detectors and fire exits in public, private and business properties. Fires can cause terrible injuries and lifelong scarring, and even the inhalation of smoke can create substantial health risks. If a property owner did not adhere to local fire codes, your St. Louis premises liability lawyers at Halvorsen Klote Davis can hold them liable for any injuries you sustain. Liability can occur because of a variety of factors, from blocked exits to leaving debris around heating units.

Construction Accidents

Construction sites need to be coned or roped off with sufficient warning signage. If you were injured in a construction site accident in a slip and fall, car accident or by falling debris because the site was not properly secured, you can hold the construction company liable for premises liability.

Whatever the nature of your specific injuries, if you were injured on someone else’s property or in a public space, call Halvorsen Klote Davis’s St. Louis premises liability attorneys for the full compensation you deserve.

What Compensation Can I Recover For My St. Louis Premises Liability Injuries?

The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional toll your injuries cause. With skilled St. Louis premises liability attorneys, you’ll be compensated for:

Medical expenses

Lost wages from time spent recovering

Lost earning capacity if you can no longer work

Out-of-pocket expenses, such as hiring household services for chores you can't do while you're injured

Noneconomic damages like pain and suffering , emotional distress, disability, disfigurement and loss of consortium

How much money you get in your premises liability settlement depends largely on the severity of your injuries, how they have affected your life and the skill and experience of your St. Louis premises liability attorneys.

How St. Louis Premises Liability Attorneys Can Help

When it comes to pursuing a premises liability case, the role of a lawyer is crucial. Your Halvorsen Klote Davis premises liability attorneys will:

Investigate the accident and develop a legal strategy to prove negligence

Gather evidence, including maintenance logs, inspections, previous complaints filed and/or video footage

Interview witnesses, employees or others who may be familiar with the hazard

Answer the phone when you call, keep you up-to-date and answer any question you may have

Handle all documentation and litigation so you can focus on healing

Negotiate a settlement on your behalf

Represent you in court if we cannot secure fair compensation in negotiations

Our compassionate and experienced attorneys will be by your side every step of the way, and will not stop until you get the full and fair compensation you deserve.

Other injury cases we take on in St. Louis include:

Call Halvorsen Klote Davis's St. Louis Premises Liability Attorneys Today

The idea of going up against a large corporation or insurance company can be daunting to a lot of people. But if you were injured because of someone else’s negligence, nothing should be able to keep you from getting the financial recovery you deserve. We’ve dedicated our practice to helping the average person get the same high-quality legal representation as powerful corporations and insurance companies. If you were injured on someone else’s property in St. Louis, call our premises liability attorneys today at (314) 451-1314 or contact us online for a free consultation.