Premises Liability Attorneys Cape Girardeau, MO
Cape Girardeau, MO Personal Injury Law Firm
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Premises liability attorneys in Cape Girardeau, MO. Property owners in Cape Girardeau, MO have a duty to ensure their property is reasonably safe for patrons. But too often, they neglect that duty, and good people are injured through the property owner's negligence. When that happens, you need knowledgeable Cape Girardeau, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are committed to offering injury victims the same high-quality legal representation 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. Speak to 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?
The laws in each state are largely similar: A property owner has a duty to warn against or repair a "dangerous condition" they either knew of or should have been aware of through reasonable maintenance. If they don't, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states do differ in one very important aspect, and it concerns the duty of care property owners must give different kinds of visitors.
Types of Visitors in Cape Girardeau, MO Premises Liability Cases
The law differentiates between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include a customer in a retail store or someone shopping in a grocery store. A public invitee is someone on property that the public can access, such as recreational areas or a library. Those in control of the property are liable for an invitee's injuries caused by dangers they knew about or should have known about.
- Licensees — A licensee is someone who has the permission of the property owner to be on the premises, but to the benefit of either solely the licensee or neither of them. a party guest, but the law might apply to someone who came into a restaurant just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the premises without permission of the property owner. Therefore, they do not have the same rights as invitees and licensees, meaning they can't make a claim 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 conduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted to injure a trespasser, 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 about the property that could make a child want to enter the property. Examples could be swimming pools, trampolines or construction projects. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Cape Girardeau, MO
In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the landowner owe you a duty of care to keep you from unreasonable harm? 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 responsibility, that constitutes a breach of that responsibility. That could mean not repairing a broken staircase, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition cause or contribute to 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 observe warning signs because you were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial harm, such as lost wages and medical expenses, to make a claim for emotional distress and pain and suffering. 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 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.
Most Common Premises Liability Claims in Cape Girardeau, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls account 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include security guards or requiring a keycard to enter the property. Typically, inadequate security claims occur after someone has been the victim of a crime. While the criminal justice system may secure a conviction of 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 are most common in children. Drowning is the leading cause of death to children under the age of five. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, over 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, electrician structural issues. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, 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 leaving debris around heating units.
Construction zones must be secured with obvious 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 responsible for premises liability.
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 best possible financial recovery you deserve.
How Much Are My Cape Girardeau, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the economic, physical and emotional hardships your injuries cause. With knowledgeable Cape Girardeau, 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 hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, emotional distress, disability, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, the impact they've had on your life and the skill and experience of your Cape Girardeau, MO premises liability attorneys.
The Role of Your Cape Girardeau, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is essential. As part of our legal services, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the best possible results
- Gather evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call 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 defendant 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 Cape Girardeau, 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
Call Halvorsen Klote's Cape Girardeau, MO Premises Liability Attorneys Today
The thought of going up against a powerful corporation can be daunting to many. But, if they or their policyholder caused you harm, you deserve full compensation. We've committed our careers to helping the average person get the same excellent legal representation as the people who injured them. If you were injured on someone else's property in Cape Girardeau, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary consultation.