Premises Liability Attorneys Ashland, MO
Ashland, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Review | Ashland, MO Slip and Fall Attorneys
Premises liability attorneys in Ashland, MO. Property managers in Ashland, MO have an obligation 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 Ashland, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same high-quality legal advocacy as large corporations and insurance companies. 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 contact us online for a complimentary case review.
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 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 been aware of through reasonable care. If they don't, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states do differ in one key aspect, and it concerns the duty of care owed to different kinds of visitors.
Types of Visitors in Ashland, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include people dining at a restaurant or hotel guests. A public invitee is someone on property that the public can access, such as a park or a library. Property owners can be held accountable 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 there is no express financial benefit to either of them. This can mean a family member coming over for dinner, but the law might apply to someone who stopped into a restaurant just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same protections as the first two categories, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Pursuant 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, trampolines or power tools. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Do I Have a Premises Liability Claim in Ashland, MO?
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? The extent of a landowner's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Typically, anybody who is legally on the property is owed a duty of care.
- 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.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you had inappropriate footwear for the area, you may not have a valid claim against the property owner. Likewise, if you didn't observe an obvious hazard because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, including lost wages and medical bills, to get compensation for emotional distress and pain and suffering. If you sustained a minor cut, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Ashland, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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.
Most Common Premises Liability Claims in Ashland, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible for over one million emergency room visits a year, and are the number one reason people need to lose days from work.
Slip and falls can be caused by:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or needing a keycard to enter the building. Typically, lawsuits for inadequate or negligent security occur after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually 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 primary cause of death to children between one and four years old. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, roughly 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Ashland, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Ashland, MO laws are strict when it comes to fire codes for all types of 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 Ashland, 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 blocked doors or escape routes to missing or broken smoke alarms.
Construction zones must be secured with obvious 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 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 Ashland, MO premises liability attorneys for the best possible financial recovery you deserve.
What Compensation Can I Receive For My Ashland, MO Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and emotional toll your injuries cause. With skilled Ashland, MO premises liability attorneys, you cans secure compensation:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if your accident results in permanent disability
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, physical impairment, scarring and loss of consortium
How much your premises liability injuries are worth depends largely on the severity of your injuries, how they have affected your life and the skill and experience of your Ashland, MO premises liability attorneys.
The Role of Your Ashland, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with 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
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call and answer any question you may have
- Handle all the legal aspects of your claim so you can focus on healing
- Negotiate a settlement on your behalf
- 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 Ashland, 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
Call Halvorsen Klote's Ashland, MO Premises Liability Attorneys Today
The notion of having to fight back against a powerful corporation can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've dedicated our careers to helping the average person get the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Ashland, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form 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.