Premises Liability Attorneys Belleville, IL
Belleville, IL Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Review | Belleville, IL Slip and Fall Lawyers
Premises liability attorneys in Belleville, IL. Property owners in Belleville, IL 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 are injured through no fault of their own. When that happens, you need experienced Belleville, IL premises liability attorneys to get you the full financial recovery you are owed. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same excellent legal representation as large corporations and insurance companies. We take cases in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a no-risk, no-obligation case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has an obligation to warn against or repair a "dangerous condition" they either knew of or should have known of through reasonable diligence. If they fail in that obligation, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care owed to different categories of visitors.
Types of Visitors in Belleville, IL Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include people dining at a restaurant or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as bike paths 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. These can be social guests, but the law might apply to someone who stopped into a grocery store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without permission of the property owner. Therefore, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- According to 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 conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance principle, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, ladders or construction projects. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
Proving Your Premises Liability Claim in Belleville, IL
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the landowner have a duty to protect you from unreasonable hazards? The extent of a landowner'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, that constitutes a violation of that responsibility. That could mean not mopping up a wet spot on the floor, or not roping off a section that isn't safe.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Likewise, if you didn't observe 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 — In order to make a claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, including lost wages and medical expenses, to get a financial recovery for how the injury affected you physically and mentally. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Belleville, IL premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, call one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Belleville, IL
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
Negligent Security often arises in apartment complexes, 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 proper security could include security guards or needing a keycard to enter the building. Generally, lawsuits for inadequate or negligent security 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 file a civil lawsuit – 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 are most common in children. Drowning is the primary cause of fatalities in children under the age of five. Public swimming pools must be properly supervised, and fences 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 suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Belleville, IL 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 Belleville, IL 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 an obligation to keep their construction zones safe. 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 hold the construction company responsible for your injuries.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Belleville, IL premises liability attorneys for the best possible financial recovery you are owed.
What Compensation Can I Recover For My Belleville, IL Premises Liability Injuries?
The value of your claim depends on the economic, physical and mental toll your accident caused. With knowledgeable Belleville, IL premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer work
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, physical impairment, scarring and loss of consortium
How much your premises liability claim is worth will be based on the severity of your injuries, how they have affected your life and the skill and experience of your Belleville, IL premises liability attorneys.
The Role of Your Belleville, IL Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the hazard
- Answer the phone when you call 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 property owner or manager to 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 Belleville, IL 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
Call Halvorsen Klote's Belleville, IL Premises Liability Attorneys Today
The thought of going up against a powerful insurance company can be daunting to many. But, if you were injured because of someone else's negligence, you deserve full compensation. We've devoted our practice to offering the injured the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Belleville, IL, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary consultation.