Premises Liability Attorneys Barnhart, MO
Barnhart, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Review | Barnhart, MO Slip and Fall Attorneys
Premises liability attorneys in Barnhart, MO. Property managers in Barnhart, MO have a duty 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 who did nothing wrong get hurt. If you or a loved one was injured on public or private property, you need knowledgeable Barnhart, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are devoted 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. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a no-risk, no-obligation 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.
Both states treat premises liability fairly similarly: A property owner has a duty to inform people of or fix 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 suffered because of the poorly maintained property.
The states are different in one very important way, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Barnhart, MO Premises Liability Cases
The law distinguishes 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 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 bike paths or a library. Those in control of the property are liable 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 permission, but to the benefit of either solely the licensee or neither of them. These can be social guests, but the law might apply to someone who stopped into an establishment just to use the restroom. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises 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:
- 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 intentionally created or allowed a danger to exist because they wanted trespassers to get hurt, they can still be held liable.
- Under the attractive nuisance theory, a child who is trespassing may be considered an invitee. 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 Barnhart, 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 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 what kind of visitor you are and what state you're in. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, that constitutes a violation of that duty. That could mean not repairing a broken staircase, or not roping off a area of the property that isn't safe.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you were running, you may not have a valid claim against the property owner. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, the property owner may argue that you were injured because you were distracted, not because of the hazard.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic harm, such as lost wages and medical expenses, to get a financial recovery for emotional harm 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 Barnhart, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to discuss your case, or have questions about filing a personal injury lawsuit, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Accidents in Barnhart, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible for 12% of total falls that lead to emergency room visits, 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 wiring
- Uneven flooring, rugs or carpeting
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 requiring a code to enter the premises. Typically, inadequate security claims 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 leading cause of fatalities in 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, an estimated 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Barnhart, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Barnhart, MO laws are stringent 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 Barnhart, 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 poor handling of flammabale materials to leaving debris around heating units.
Construction companies have a responsibility 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 hold the construction company liable for premises liability.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Barnhart, MO premises liability attorneys for the best possible compensation you deserve.
What Compensation Can I Recover For My Barnhart, 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 knowledgeable Barnhart, MO premises liability attorneys, you cans secure compensation:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential 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, mental anguish, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on the severity of your injuries, how they have affected your life and the abilities of your Barnhart, MO premises liability attorneys.
How Barnhart, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer is essential. When you hire us, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Obtain evidence, including maintenance reports, 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 and answer any question you may have
- Handle all documentation and litigation so you can focus on healing
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury if the other side will not be fair 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 Barnhart, 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 Barnhart, MO Premises Liability Attorneys Today
The notion of having to fight back against a large corporation can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've dedicated our practice to helping the average person get the same expert legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Barnhart, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.
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.