Premises Liability Attorneys Affton, MO
Affton, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Consultation | Affton, MO Slip and Fall Attorneys
Premises liability attorneys in Affton, MO. Anyone who is in control of a property in Affton, MO has a duty to take reasonable measures to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need experienced Affton, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and injury victims 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. Call our premises liability attorneys today 866-382-4167 or contact us online for a free case review.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has an obligation to inform people of or fix a "dangerous condition" they either were aware of or should have known of through reasonable diligence. If they don't, they are responsible for any injuries suffered as a result of the poorly maintained property.
The states do differ in one key way, and it concerns the duty of care property owners must give different categories 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 whose presence on the property benefits the property owner or manager. This can include people dining at a restaurant or residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, such as recreational areas or a library. Those in control of the property are liable for an invitee's injuries caused by dangers they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's permission, but the owner doesn't get any express benefit from their presence. a party guest, but the law might apply to someone who stopped into a grocery store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same protections as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are a couple of 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 conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held accountable.
- Under the attractive nuisance theory, 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, ladders or construction projects. In this instance, the family of the child may still sue the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Affton, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? 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 your jurisdiction. Typically, anybody who is allowed to be 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 putting a "wet floor" sign out.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not be able to show that the property owner was negligent. Likewise, if you didn't notice warning signs because you were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical bills, to get compensation for how the injury affected you physically and emotionally. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Affton, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, don't hesitate to speak to one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Accidents in Affton, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include a doorman or needing a code to enter the premises. Typically, inadequate security claims occur after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll typically need to take civil legal action – with the assistance 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 primary cause of fatalities in children between the ages of one and four. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Affton, MO premises liability attorneys will help you secure justice and a full financial recovery.
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 missing or broken sprinkler systems.
Construction zones must be secured with obvious warning signage. If you were hurt 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 file a lawsuit 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're entitled to.
What Compensation Can I Receive 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 mental toll your accident caused. With talented Affton, MO premises liability attorneys, you cans secure a financial recovery:
- 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, mental anguish, disability, scarring and loss of consortium
How much your premises liability injuries are worth will be based on how serious your injuries are, how they have affected your life and the abilities of your Affton, MO premises liability attorneys.
The Role of Your Affton, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is essential. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the hazard
- Answer the phone when you call 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
- 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 Affton, MO include:
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
Speak to Halvorsen Klote's Affton, MO Premises Liability Attorneys Today
The notion of going up against a powerful insurance company can be daunting to many. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've devoted our lives to offering injury victims the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Affton, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary case review.