Premises Liability Attorneys Chesterfield, MO
Chesterfield, MO Personal Injury Law Firm
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Premises liability attorneys in Chesterfield, MO. Property owners in Chesterfield, MO have an obligation to take reasonable steps to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through no fault of their own. When that happens, you need dedicated Chesterfield, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same high-quality legal representation as large corporations and insurance companies. We fight for the injured in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a free case review.
What Are the Premises Liability Laws in Missouri and Illinois?
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 care. If they don't, they can be held liable for any injuries sustained as a result of the poorly maintained property.
The states do differ in one very important way, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Chesterfield, MO Premises Liability Cases
The law differentiates 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 be a customer in a retail store or someone shopping in a grocery store. Invitees can also be considered people on property the public is allowed to be on, such as a park or a library. Property owners 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 for personal, non-business reasons. These can be social guests, but the law might apply to someone who stopped into a store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable 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 premises without permission of the property owner. Because of that, they do not have the same rights as people that are allowed to be there, 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, property owners are not immune from liability if they acted with "willful and wanton misconduct." 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 principle, property owners might 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 old appliances. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
What Do I Need to File a Premises Liability Claim in Chesterfield, MO?
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager owe you a duty of care to protect you from unreasonable harm? The degree of the property owner's or manager'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 neglect their obligation, property owners are considered to have breached their duty. That could mean not fixing a broken railing, or not putting a "wet floor" sign out.
- 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 warning signs because you weren't looking where you were going, the property owner may argue that you were injured because you were distracted, not because of the dangerous condition.
- Damages — In order to make a 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 likely do not have enough to make a case.
Halvorsen Klote's Chesterfield, 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, call one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Accidents in Chesterfield, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls are responsible for 12% of total falls that lead to emergency room visits, 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 often occurs 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 requiring a code to enter the building. Typically, negligent security claims are filed 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 file a civil lawsuit – 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 usually happen to children. Drowning is the leading cause of fatalities in children under the age of five. Public swimming pools must be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electrician poor designs. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Chesterfield, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Chesterfield, 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 Chesterfield, 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 poor handling of flammabale materials to missing or broken sprinkler systems.
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 dangerous, you can hold the construction company liable for your injuries.
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 Chesterfield, MO premises liability attorneys for the best possible compensation you're entitled to.
What Compensation Can I Recover For My Chesterfield, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and mental toll your injuries cause. With experienced Chesterfield, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- 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, mental anguish, permanent impairment, 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 abilities of your Chesterfield, MO premises liability attorneys.
What Our Chesterfield, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is crucial. 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
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video 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 the legal aspects of your claim so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Represent you in 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 Chesterfield, 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 Chesterfield, MO Premises Liability Attorneys Today
The notion of having to fight back against a large corporation can be intimidating. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've devoted our careers to helping the average person get the same high-quality legal advocacy as the people who injured them. If you were injured on someone else's property in Chesterfield, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free consultation.