Premises Liability Attorneys Affton, MO
Affton, MO Personal Injury Law Firm
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Premises liability attorneys in Affton, MO. Anyone who owns or operates a property in Affton, MO has a responsibility to take reasonable measures to prevent people who enter the premises from becoming hurt. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. If you or a loved one was injured on someone else's property, you need dedicated Affton, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, 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 so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form 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 dictate the premises liability laws in each state.
The laws in each state are largely similar: A property owner has a responsibility to inform people of or repair a "dangerous condition" they either were aware of or should have known of through reasonable care. If they fail in that obligation, they can be held liable for any injuries suffered as a result of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Affton, MO Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include a customer in a retail store or residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, for example a park or a library. Those in control of the property can be held accountable for an invitee's injuries caused by hazards they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's consent, but the owner doesn't get any express benefit from their presence. This can mean a friend coming over for dinner, but the law might apply to someone who stopped into an establishment just to ask for directions. 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" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without permission of the property owner. Because of that, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- According to Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton misconduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or power tools. In this instance, the child and their family can make a claim for compensation.
What Do I Need to File a Premises Liability Claim in Affton, MO?
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the landowner owe you a duty of care to protect you from unreasonable harm? The degree of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and what state you're in. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Likewise, if you didn't observe warning signs because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic harm, including lost wages and medical expenses, to make a claim for emotional distress and pain and suffering. If you sustained a few bumps and scrapes, but didn't need medical attention or miss any time off work, you may not have a valid claim.
Halvorsen Klote's Affton, MO premises liability attorneys have proven numerous premises liability claims. 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 at no charge at 866-382-4167.
Types of Premises Liability Cases in Affton, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible for 12% of total falls that lead to emergency room visits, and are the number one reason people need to lose days from work.
Slip and falls can be caused by:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Inadequate Security often arises in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include a doorman or needing a code to enter the building. Typically, negligent security claims are filed 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 aid 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 have strict measures to protect children from injuring themselves.
In 2016, more than 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Anybody who is in control of 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 Affton, MO 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 Affton, MO premises liability lawyers at Halvorsen Klote can hold them liable for any injuries you sustain. Liability can occur because of a variety of factors, from faulty wiring or gas leaks to leaving debris around heating units.
Construction companies have a duty to keep their construction zones safe. 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 make a claim against the construction company.
Whatever the nature of your specific injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Affton, MO premises liability attorneys for the best possible financial recovery you are owed.
What Compensation Can I Recover For My Affton, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and emotional toll your injuries cause. With talented Affton, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential if you can no longer make a living as you used to, or have to work less hours
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, permanent impairment, disfigurement and loss of consortium
How much your premises liability claim is worth depends largely on the severity of your injuries, how they have affected your life and the skill and experience of your Affton, MO premises liability attorneys.
How Affton, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury 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 Affton, MO include:
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
Speak to Halvorsen Klote's Affton, MO Premises Liability Attorneys Now
The idea of going up against a powerful insurance company can be daunting to many. But, if they or their policyholder injured you by their negligence, you deserve full compensation. We've devoted our lives to offering the injured the same expert legal advocacy as the people who injured them. If you were injured because of a Affton, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us online for a no-risk, no-obligation case evaluation.
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.