Premises Liability Attorneys California, MO
California, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Consultation | California, MO Slip and Fall Lawyers
Premises liability attorneys in California, MO. Property managers in California, MO have a duty to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on public or private property, you need experienced California, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and everyday people every day. 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 free consultation.
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 their respective state.
Both states treat premises liability fairly similarly: A property owner has a duty to warn against or repair a "dangerous condition" they either were aware of or should have known of through reasonable diligence. If they neglect that duty, they are responsible for any injuries sustained as a result of the dangerous condition.
The states are different in one key aspect, related to the duty of care property owners must give different kinds of visitors.
Types of Visitors in California, 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 include 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 recreational areas 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 the owner doesn't get any express benefit from their presence. These can be social guests, but the law might apply to someone who came into a store just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- According 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 conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held liable.
- Under the attractive nuisance doctrine, 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 power tools. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for a financial recovery.
What Do I Need to File a Premises Liability Claim in California, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager have a duty to keep you from unreasonable hazards? The extent 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 fail in their obligation, that constitutes a breach of that responsibility. 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 cause or contribute to your injuries? If you fell because you had inappropriate footwear for conditions, you may not be able to show that the property owner was negligent. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, you might not have a valid claim.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial loss, including lost wages and medical bills, to get compensation for how the injury affected you physically and emotionally. If you sustained a minor cut, 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 California, 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 California, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Inadequate Security
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 security guards or needing a keycard to enter the premises. Generally, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the criminal justice system may secure a conviction of the offender, you'll typically 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 are most common in children. Drowning is the leading cause of fatalities in children between one and four years old. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, approximately 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 are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our California, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local California, 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 California, 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 exits to missing or broken sprinkler systems.
Construction Accidents
Construction companies have a duty 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 did not keep their property safe, call Halvorsen Klote's California, MO premises liability attorneys for the full compensation you are owed.
What Compensation Can I Receive For My California, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional hardships your injuries cause. With experienced California, MO premises liability attorneys, you cans secure a financial recovery:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity if you can no longer make a living as you used to, or have to work less hours
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, disability, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, how they have affected your life and the skill and experience of your California, MO premises liability attorneys.
The Role of Your California, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on healing
- Negotiate a settlement on your behalf
- Take the fight to trial 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 California, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- 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
Reach Out to Halvorsen Klote's California, MO Premises Liability Attorneys Today
The thought of going up against a powerful corporation can be daunting to a lot of people. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've committed our careers 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 California, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary case evaluation.
Joel Halvorsen
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.
Greg Klote
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.