Premises Liability Attorneys Dardenne Prairie, MO
Dardenne Prairie, MO Personal Injury Law Firm
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Premises liability attorneys in Dardenne Prairie, MO. Anyone who owns or operates a property in Dardenne Prairie, MO has a responsibility to take reasonable steps to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need experienced Dardenne Prairie, 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 to see our clients get the justice and recognition they deserve. 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?
The laws in each state are largely similar: A property owner has a duty to warn against or fix a "dangerous condition" they either knew of or should have known of through reasonable prudence. If they fail in that obligation, they can be held accountable for any injuries sustained because of the dangerous condition.
The states are different in one very important aspect, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Dardenne Prairie, MO Premises Liability Cases
The law distinguishes 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 people dining at a restaurant or someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, such as bike paths 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 there is no express financial benefit to either of them. These can be social guests, but the law might apply to someone who came into an establishment 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 knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property without consent 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 for a financial recovery. There are a couple of exceptions:
- According to 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 misconduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- 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 a financial recovery.
What Do I Need to File a Premises Liability Claim in Dardenne Prairie, MO?
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner have an obligation to prevent unreasonable risks of injury? 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 what state you're in. 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 dangerous condition cause or contribute to your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Similarly, if you didn't observe warning signs because you were looking at your phone, you might not have a valid claim.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show economic loss, such as lost wages and medical bills, to make a claim for emotional distress and pain and suffering. If you sustained a minor cut, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Dardenne Prairie, MO premises liability attorneys have taken on, proven and won these types of cases before. If you have any doubts about the validity of your claim, or have questions about filing a personal injury lawsuit, don't hesitate to speak to one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Dardenne Prairie, 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 number one reason people need to lose 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 complexes, 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 adequate security could include security guards or needing a keycard to enter the premises. Generally, negligent security claims 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 file a civil lawsuit – 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 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 fences and lifejacket rules should also be in place to help protect children.
In 2016, approximately 30,900 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician substandard designs. Anybody who is in control of a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Dardenne Prairie, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
There are strict laws for smoke detectors and fire exits in public, private and business 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 Dardenne Prairie, 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 smoke alarms.
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 not properly secured, you can file a lawsuit 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 Dardenne Prairie, MO premises liability attorneys for the best possible compensation you deserve.
What Compensation Can I Recover For My Dardenne Prairie, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and mental toll your injuries cause. With experienced Dardenne Prairie, MO premises liability attorneys, you cans secure compensation:
- 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 claim is worth will be based on how serious your injuries are, the impact they've had on your life and the skill and experience of your Dardenne Prairie, MO premises liability attorneys.
How Dardenne Prairie, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Interview 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 documentation and litigation so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Represent you in 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 Dardenne Prairie, 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
Speak to Halvorsen Klote's Dardenne Prairie, MO Premises Liability Attorneys Today
The idea of going up against a large corporation can be daunting to a lot of people. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've dedicated our lives to helping the average person get the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured because of a Dardenne Prairie, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us online for a no-risk, no-obligation case review.