Des Peres, MO

Premises Liability Attorneys Des Peres, MO

Des Peres, MO Personal Injury Law Firm


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Premises liability attorneys in Des Peres, MO. Property owners in Des Peres, MO have a responsibility to take reasonable precautions to prevent injuries on the premises. But too often, they fail in that responsibility, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need experienced Des Peres, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed 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 contact us through our website for a complimentary consultation.

Premises Liability Attorneys Des Peres, MO | Slip and Fall Lawyers | Personal Injury Lawyer Near Des Peres

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 tend to be comparable in regards to property ownership and management: A property owner has a duty to inform people of or repair a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they are responsible for any injuries sustained as a result of the dangerous condition.

The states do differ in one key way, related to the duty of care owed to different kinds of visitors.

Types of Visitors in Des Peres, MO Premises Liability Cases

The law differentiates between invitees, licensees and trespassers:

  1. Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. 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. Those in control of the property can be held accountable for an invitee's injuries caused by dangers they knew about or should have known about.
  2. 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. a party guest, but the law might apply to someone who stopped into an establishment just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
  3. Trespassers — Trespassers are on the property without consent of the property owner. Therefore, they do not have the same rights as people that are allowed to be there, meaning they can't sue the property owner to get compensated for their injuries. There are a couple of exceptions:
    1. 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 misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
    2. Under the attractive nuisance theory, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders 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.

How Do I Prove a Premises Liability Claim in Des Peres, MO?

In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:

  1. Duty of care — Did the landowner have a responsibility to protect you from unreasonable harm? 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 your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
  2. Breach of duty — If they neglect their obligation, that constitutes a violation of that responsibility. That could mean not mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
  3. 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 an obvious hazard because you were looking at your phone, you might not be able to make a claim.
  4. Damages — To have a valid claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical expenses, to get a financial recovery 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 Des Peres, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 at no charge at 866-382-4167.

Premises Liability Attorneys Des Peres, MO | Personal Injury Law Firm | Slip and Fall Lawyer Near Des Peres

Most Common Premises Liability Claims in Des Peres, MO

Slip and Falls

Falling is by far the 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

Inadequate Security

These cases often arise in apartment buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include a doorman or requiring a code to enter the property. Generally, lawsuits for inadequate or negligent security occur after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll usually need to take civil legal action – 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 usually happen to children. Drowning is the primary cause of death to children between the ages of one and four. Public swimming pools need to have lifeguards, 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. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Des Peres, MO premises liability attorneys will help you secure justice and maximum compensation.

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 Des Peres, 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 Accidents

Construction companies have a responsibility 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 dangerous, you can hold the construction company liable for your injuries.

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 Des Peres, MO premises liability attorneys for the maximum financial recovery you deserve.

What Compensation Can I Recover For My Des Peres, MO Premises Liability Injuries?

The value of your claim depends on the economic, physical and mental hardships your accident caused. With experienced Des Peres, 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 work
  • Out-of-pocket expenses, such as transportation to and from medical appointments
  • Noneconomic damages like pain and suffering, mental anguish, physical impairment, scarring and loss of consortium

How much your premises liability claim is worth depends largely on how serious your injuries are, how they have affected your life and the abilities of your Des Peres, MO premises liability attorneys.

The Role of Your Des Peres, MO Premises Liability Attorneys

When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. Your Halvorsen Klote premises liability attorneys will:

  • Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
  • Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
  • Interview witnesses, employees or others who may have knowledge of the hazard
  • Answer the phone when you call and answer any question you may have
  • 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 Des Peres, MO include:

Premises Liability Attorneys Des Peres, MO | Slip and Fall Lawyers | Personal Injury Attorney Near Des Peres

Reach Out to Halvorsen Klote's Des Peres, 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, you are entitled to full compensation. We've devoted our practice to helping the average person get the same high-quality legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Des Peres, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free consultation.


Joel Halvorsen

Joel Halvorsen

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.


Greg Klote

Greg Klote

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.