Premises Liability Attorneys Crestwood, MO
Crestwood, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Review | Crestwood, MO Slip and Fall Law Firm
Premises liability attorneys in Crestwood, MO. Anyone who owns or operates a property in Crestwood, MO has an obligation to take reasonable measures to prevent injuries on the premises. But too often, they fail in that responsibility, and innocent people are injured through no fault of their own. If you or a loved one was injured on someone else's property, you need dedicated Crestwood, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are devoted 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 dictate the premises liability laws for both states.
The laws in each state are largely similar: A property owner has a duty to inform people of or repair a "dangerous condition" they either knew of or should have been aware of through reasonable prudence. If they don't, they are responsible for any injuries sustained because of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care owed to different types of visitors.
Types of Visitors in Crestwood, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property 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, for example recreational areas 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 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 friend staying at your house, but the law might apply to someone who stopped into a store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property 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 make a claim to get compensated for their injuries. 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, they can still be held accountable.
- Under the attractive nuisance doctrine, 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, trampolines or old appliances. In this instance, the family of the child may still sue the property owner or manager for the child's injuries.
Do I Have a Premises Liability Claim in Crestwood, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The degree of the property owner's or manager's responsibility to keep you safe depends on what kind of visitor you are 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 obligation, that constitutes a violation of that responsibility. That could mean not fixing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you had inappropriate footwear for the area, it's likely not the property owner's fault. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical bills, to make a claim for emotional distress and pain and suffering. If you sustained a bruise, 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 Crestwood, MO premises liability attorneys have proven numerous premises liability claims. If you have any doubts about the validity of your claim, 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 Cases in Crestwood, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Inadequate Security often arises in apartment complexes, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or needing a keycard to enter the property. Generally, 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 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 between one and four years old. Public swimming pools must have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, roughly 30,900 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Crestwood, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Crestwood, 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 Crestwood, 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 zones need to be coned or roped off with sufficient warning signage. If you were hurt 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 accountable 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 Crestwood, MO premises liability attorneys for the full compensation you're entitled to.
What Compensation Can I Receive For My Crestwood, MO Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and mental hardships your accident caused. With skilled Crestwood, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- 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, mental anguish, physical impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on how serious your injuries are, the impact they've had on your life and the skill and experience of your Crestwood, MO premises liability attorneys.
The Role of Your Crestwood, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. As part of our legal representation, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries 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
- Interview witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be 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 healing
- Negotiate the best possible settlement for you
- Take the property owner or manager 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 Crestwood, MO include:
- 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
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
Call Halvorsen Klote's Crestwood, MO Premises Liability Attorneys Now
The idea of going up against a large insurance company can be daunting to many. 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 lives to offering the injured the same excellent legal representation as the people who injured them. If you were injured on someone else's property in Crestwood, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary case review.
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.
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.