Premises Liability Attorneys Bourbon, MO
Bourbon, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Case Evaluation | Bourbon, MO Slip and Fall Lawyers
Premises liability attorneys in Bourbon, MO. Anyone who is in control of a property in Bourbon, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and good people who did nothing wrong get hurt. When that happens, you need experienced Bourbon, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same standard of 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 evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: 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 can be held liable for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, and it concerns the duty of care owed to different types of visitors.
Types of Visitors in Bourbon, 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 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, such as a park or a library. Those in control of the property 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 staying at your house, but the law might apply to someone who came into a grocery store just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without consent of the property owner. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the 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 conduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted trespassers to get hurt, they can still be held responsible.
- 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, ladders or power tools. In this instance, the family of the child may still make a claim against the landowner for the child's injuries.
Proving Your Premises Liability Claim in Bourbon, MO
With all personal injury claims, 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 duty to keep you from unreasonable hazards? The degree of the property owner's or manager's duty of care 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 neglect their obligation, that constitutes a breach of that responsibility. That could mean not mopping up a wet spot on the floor, 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 be able to show that the property owner was negligent. Likewise, if you didn't notice 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 dangerous condition.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, including lost wages and medical expenses, to make a claim for how the injury affected you physically and emotionally. If you sustained a bruise, but didn't need medical attention or miss any time off work, you likely do not have enough to make a case.
Halvorsen Klote's Bourbon, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 Cases in Bourbon, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls account 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 cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings 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 a doorman or needing a code to enter the premises. Typically, lawsuits for inadequate or negligent security are filed after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting 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 fatalities in children between one and four years old. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, more than 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Bourbon, 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 Bourbon, 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 smoke alarms.
Construction zones must be coned or roped off with sufficient 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 dangerous, you can hold the construction company accountable for your injuries.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Bourbon, MO premises liability attorneys for the best possible financial recovery you are owed.
How Much Are My Bourbon, MO Premises Liability Injuries Worth?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and emotional toll your injuries cause. With skilled Bourbon, MO premises liability attorneys, you cans secure a financial recovery:
- Medical bills
- 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, disability, 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 abilities of your Bourbon, MO premises liability attorneys.
The Role of Your Bourbon, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is crucial. As part of our legal services, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy to prove negligence
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and keep you up-to-date on the status of your claim
- Handle all documentation and litigation so you can focus on healing
- Negotiate the best possible settlement for you
- Take the liable party to court 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 Bourbon, 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
Reach Out to Halvorsen Klote's Bourbon, MO Premises Liability Attorneys Today
The thought of having to fight back against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've committed our careers to offering the injured the same expert legal advocacy as the people who injured them. If you were injured on someone else's property in Bourbon, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case evaluation.