Premises Liability Attorneys Des Peres, MO
Des Peres, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Des Peres, MO Slip and Fall Lawyers
Premises liability attorneys in Des Peres, MO. Anyone who is in control of a property in Des Peres, MO has an obligation to take reasonable precautions to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they neglect that duty, and good 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 Des Peres, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are committed to offering injury victims the same standard of legal advocacy as large corporations and insurance companies. We take cases 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 no-risk, no-obligation 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 fix a "dangerous condition" they either were aware of or should have known of through reasonable care. If they neglect that obligation, they can be held accountable for any injuries suffered as a result of the dangerous condition.
The states do differ in one key aspect, related to the duty of care property owners must give different kinds of visitors.
Types of Visitors in Des Peres, MO Premises Liability Cases
The law distinguishes 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 a park 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.
- Licensees — A licensee is someone who is on the property with the owner's permission, 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; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- According to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still owe compensation for a trespasser's injuries if the landowner acted with "willful and wanton conduct." Meaning, if the owner created or maintained a hazardous condition 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 compensation.
Proving Your Premises Liability Claim in Des Peres, MO
With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? The degree of the property owner's or manager's duty of care depends on what kind of visitor you are 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 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 isn't safe.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you were running, it's likely not the property owner's fault. Likewise, if you didn't see warning signs because you were looking at your phone, you might not be able to make a 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 expenses, to get compensation for how the injury affected you physically and mentally. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Des Peres, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to see if you have a case, 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 Accidents 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 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 guard against potential criminal activity that may reasonable occur. Examples of this could include security guards or needing a keycard to enter the premises. Typically, lawsuits for inadequate or negligent security are filed after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll typically need to take civil legal action – with the assistance 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, an estimated 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks 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 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 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 faulty wiring or gas leaks to missing or broken sprinkler systems.
Construction sites need to be secured with obvious 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 dangerous, you can file a lawsuit against the construction company.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Des Peres, MO premises liability attorneys for the full financial recovery you're entitled to.
What Compensation Can I Recover For My Des Peres, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and emotional hardships your injuries cause. With knowledgeable Des Peres, MO premises liability attorneys, you'll be compensated for:
- 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, disfigurement and loss of consortium
How much your premises liability injuries are worth will be based on how serious your injuries are, the impact they've had on 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 develop 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 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 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 Des Peres, 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 Des Peres, MO Premises Liability Attorneys Today
The thought of having to fight back against a powerful insurance company can be daunting to a lot of people. But, if they or their policyholder caused you harm, nothing should be able to keep you from getting the financial recovery you deserve. We've dedicated our practice to helping the average person get the same excellent legal advocacy as the people who injured them. If you were injured because of a Des Peres, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary case evaluation.