Premises Liability Attorneys Columbia, MO
Columbia, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Review | Columbia, MO Slip and Fall Lawyers
Premises liability attorneys in Columbia, MO. Property managers in Columbia, MO have a responsibility to take reasonable precautions to prevent people who enter the premises from becoming hurt. But too often, they neglect that duty, and good people are injured through the property owner's negligence. If you or a loved one was injured on someone else's property, you need knowledgeable Columbia, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated 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 case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has an obligation to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they fail in that obligation, 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 categories of visitors.
Types of Visitors in Columbia, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include people dining at a restaurant or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as a park or a library. Property owners are liable for an invitee's injuries caused by hazards they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's permission, but for personal, non-business reasons. These can be social guests, but the law might apply to someone who came into a store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises without consent of the property owner. Because of that, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Pursuant 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 intentionally created or allowed a danger to be there because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance principle, 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.
Proving Your Premises Liability Claim in Columbia, 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 degree of the property owner's or manager's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, 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 hazardous condition cause or contribute to your injuries? If you fell because you had inappropriate footwear for conditions, it's likely not the property owner's fault. Similarly, if you didn't see warning signs because you weren't looking where you were going, you might not be able to make a claim.
- Damages — In order to make a claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical expenses, to get a financial recovery for emotional distress and pain and suffering. If you sustained a minor cut, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Columbia, 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 for free today at 866-382-4167.
Types of Premises Liability Accidents in Columbia, 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 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 cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, offices 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 proper security could include security guards or needing a code to enter the property. Generally, 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 typically need to take civil legal action – 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 primary cause of fatalities in children between the ages of one and four. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Columbia, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Columbia, 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 Columbia, 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 leaving debris around heating units.
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 responsible for your injuries.
However you suffered your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Columbia, MO premises liability attorneys for the full financial recovery you're entitled to.
How Much Is My Columbia, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and mental toll your injuries cause. With knowledgeable Columbia, MO premises liability attorneys, you cans secure compensation:
- 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, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on the severity of your injuries, how they have affected your life and the abilities of your Columbia, MO premises liability attorneys.
The Role of Your Columbia, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Gather 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
- 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 the best possible settlement for you
- Take the property owner or manager to court if we cannot secure fair compensation 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 Columbia, 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 Columbia, MO Premises Liability Attorneys Now
The thought of going up against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our lives to offering the injured the same excellent legal advocacy as the people who injured them. If you were injured on someone else's property in Columbia, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a no-risk, no-obligation consultation.