Premises Liability Attorneys Ballwin, MO
Ballwin, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Ballwin, MO Slip and Fall Attorneys
Premises liability attorneys in Ballwin, MO. Anyone who is in control of a property in Ballwin, MO has a responsibility to take reasonable steps to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they neglect that duty, and good people are injured through the property owner's negligence. When that happens, you need knowledgeable Ballwin, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same excellent legal representation as large corporations and insurance companies. We fight for the injured 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 through our website for a complimentary case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has a duty to inform people of or repair a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they don't, they can be held accountable for any injuries sustained as a result of the dangerous condition.
The states are different in one key aspect, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Ballwin, MO Premises Liability Cases
The law distinguishes 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 be a customer in a retail store or residents in an apartment complex. 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 hazards they knew about or should have known about.
- Licensees — A licensee is someone who has the permission of the property owner to be on the premises, but to the benefit of either solely the licensee or neither of them. This can mean a family member staying at your house, but the law might apply to someone who came into a store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property without consent of the property owner. Because of that, they do not have the same rights as people that are allowed to be there, meaning they can't make a claim for a financial recovery. There are a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner 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 trespassers to get hurt, they can still be held accountable.
- Under the attractive nuisance theory, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, trampolines or old appliances. In this instance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in Ballwin, MO
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the property owner or manager have a responsibility to prevent unreasonable risks of injury? The degree of the property owner's or manager's responsibility to keep you safe depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a violation of that responsibility. That could mean not fixing a broken railing, or not roping off a section that isn't safe.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you had inappropriate footwear for conditions, it's likely not the property owner's fault. Likewise, if you didn't notice warning signs because you were looking at your phone, you might not have a valid claim.
- Damages — To have a valid claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, including lost wages and medical bills, to get compensation for how the injury impacted you physically and emotionally. If you sustained a bruise, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Ballwin, 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, call one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Cases in Ballwin, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. 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
Inadequate Security often occurs in apartment buildings, office buildings 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 requiring 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 usually need to file a civil lawsuit – with the help of premises liable attorneys – against a property owner to be compensated financially for your injuries and emotional anguish.
Swimming Pool and Amusement Park Accidents
Swimming pool accidents usually happen to children. Drowning is the leading cause of death to children between the ages of one and four. Public swimming pools need to have lifeguards, 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, electrician structural issues. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Ballwin, MO premises liability attorneys will help you secure justice and maximum compensation.
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 Ballwin, 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 sites need to be coned or roped off with sufficient 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 dangerous, you can hold the construction company accountable for your injuries.
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 Ballwin, MO premises liability attorneys for the best possible financial recovery you're entitled to.
How Much Is My Ballwin, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and emotional toll your accident caused. With talented Ballwin, MO premises liability attorneys, you cans secure compensation:
- 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, physical impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, the impact they've had on your life and the skill and experience of your Ballwin, MO premises liability attorneys.
The Role of Your Ballwin, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the best possible results
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be and keep you up-to-date on the status of your claim
- Handle all the legal aspects of your claim so you can focus on your physical recovery
- 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 Ballwin, 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
- Slip and Fall Lawyer
Speak to Halvorsen Klote's Ballwin, MO Premises Liability Attorneys Now
The notion of having to fight back against a powerful corporation can be intimidating. But, if they or their policyholder injured you by their negligence, you deserve full compensation. We've committed our lives 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 Ballwin, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary consultation.