Cape Girardeau, MO

Premises Liability Attorneys Cape Girardeau, MO

Cape Girardeau, MO Personal Injury Lawyers


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Premises liability attorneys in Cape Girardeau, MO. Anyone who owns or operates a property in Cape Girardeau, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through no fault of their own. When that happens, you need experienced Cape Girardeau, MO premises liability attorneys to get you the full financial recovery you are owed. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same high-quality legal advocacy 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 fill out our online form for a complimentary case review.

Premises Liability Attorneys Cape Girardeau, MO | Slip and Fall Lawyers | Personal Injury Lawyer Near Cape Girardeau

What Are the Premises Liability Laws in Missouri and Illinois?

Missouri Revised Statute §537.348 and the Illinois Premises Liability Act dictate the premises liability laws for both states.

Both states treat premises liability almost equally: A property owner has a duty to warn against or fix 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 accountable for any injuries sustained as a result of the poorly maintained property.

The states are different in one very important way, related to the duty of care owed to different categories of visitors.

Types of Visitors in Cape Girardeau, MO Premises Liability Cases

The law differentiates between invitees, licensees and trespassers:

  1. Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be people dining at a restaurant or hotel guests. Invitees can also be considered people on property the public is allowed to be on, for example a park 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.
  2. Licensees — A licensee is someone who has the permission of the property owner to be on the premises, 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 stopped into a 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 had express knowledge of – not ones they "should have known about.
  3. Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
    1. 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 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.
    2. 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 old appliances. In this instance, the child and their family can make a claim for compensation.

Do I Have a Premises Liability Claim in Cape Girardeau, MO?

In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:

  1. Duty of care — Did the property owner or manager have an obligation to keep you from unreasonable hazards? The extent of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
  2. Breach of duty — If they neglect their duty, that constitutes a breach of that responsibility. That could mean not repairing a broken railing, or not putting a "wet floor" sign out.
  3. Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Similarly, 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.
  4. Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial loss, including lost wages and medical bills, to get compensation for emotional distress and pain and suffering. If you sustained a minor cut, but had no expenses due to your injury, you may not have a valid claim.

Halvorsen Klote's Cape Girardeau, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to discuss your case, or have questions about filing a personal injury lawsuit, don't hesitate to speak to one of our attorneys at no charge at 866-382-4167.

Premises Liability Attorneys Cape Girardeau, MO | Personal Injury Law Firm | Slip and Fall Lawyer Near Cape Girardeau

Most Common Premises Liability Claims in Cape Girardeau, MO

Slip and Falls

Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls are responsible for over one million emergency room visits a year, and are the primary cause of lost 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

These cases often arise in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include a doorman or needing a keycard to enter the premises. Generally, lawsuits for inadequate or negligent security occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to take civil legal action – with the aid 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 primary cause of fatalities in children between the ages of one and four. Public swimming pools must have lifeguards, and fences and lifejacket rules should also be in place to help protect children.

In 2016, more than 30,000 people went to the emergency room for injuries sustained 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 you were injured because of their negligence, our Cape Girardeau, MO premises liability attorneys will hold them accountable.

Fire and Smoke Injuries

Local Cape Girardeau, MO laws are strict 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 Cape Girardeau, 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 smoke alarms.

Construction Accidents

Construction companies have a duty 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 dangerous, you can make a claim against the construction company.

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 Cape Girardeau, MO premises liability attorneys for the full financial recovery you're entitled to.

How Much Is My Cape Girardeau, MO Premises Liability Claim Worth?

The value of your claim depends on the financial, physical and emotional hardships your injuries cause. With experienced Cape Girardeau, MO premises liability attorneys, you'll be compensated for:

  • Medical bills
  • 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, mental anguish, disability, disfigurement and loss of consortium

How much your premises liability injuries are worth will be based on the severity of your injuries, the impact they've had on your life and the skill and experience of your Cape Girardeau, MO premises liability attorneys.

How Cape Girardeau, MO Premises Liability Attorneys Can Help

When it comes to pursuing a premises liability case, the role of a lawyer is essential. As part of our legal representation, our premises liability attorneys will:

  • Investigate the accident and come up with a legal strategy that gets you the most compensation possible
  • Acquire evidence, including maintenance logs, inspections, previous complaints filed 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 the legal aspects of your claim so you can focus on your physical recovery
  • Negotiate the best possible settlement for you
  • 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 Cape Girardeau, MO include:

Premises Liability Attorneys Cape Girardeau, MO | Slip and Fall Lawyers | Personal Injury Attorney Near Cape Girardeau

Speak to Halvorsen Klote's Cape Girardeau, MO Premises Liability Attorneys Today

The thought of having to fight back against a powerful insurance company can be daunting to a lot of people. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've dedicated our careers to offering injury victims the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Cape Girardeau, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation case review.


Joel Halvorsen

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

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.