Premises Liability Attorneys Edwardsville, IL
Edwardsville, IL Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Consultation | Edwardsville, IL Slip and Fall Attorneys
Premises liability attorneys in Edwardsville, IL. Property owners in Edwardsville, IL have a duty to ensure their property is reasonably safe for patrons. But too often, they neglect that duty, and good people are injured through the property owner's negligence. When that happens, you need knowledgeable Edwardsville, IL premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same high-quality legal representation 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. 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?
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 an obligation to warn against or repair a "dangerous condition" they either knew of or should have been aware of through reasonable maintenance. If they don't, they can be held accountable for any injuries suffered because of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care property owners must give different kinds of visitors.
Types of Visitors in Edwardsville, IL Premises Liability Cases
The law distinguishes between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include a customer in a retail store or residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, for example 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 consent, but for personal, non-business reasons. a party guest, but the law might apply to someone who stopped into a grocery store just to ask for directions. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights 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 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.
- Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, trampolines or old appliances. In this instance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in Edwardsville, IL
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 have a responsibility to prevent unreasonable risks of injury? The extent of a landowner'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 neglect their obligation, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, or not roping off a area of the property that isn't safe.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you had improper footwear for the area, you may not be able to show that the property owner was negligent. Likewise, if you didn't see warning signs because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- 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 compensation for emotional harm 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 Edwardsville, IL premises liability attorneys have taken on, proven and won these types of cases before. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, call one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Edwardsville, IL
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls account for over one million emergency room visits a year, and are the number one reason people need to lose days from work.
Slip and falls can be caused by:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings 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 this could include security guards or requiring a code to enter the building. Generally, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually 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 leading cause of fatalities in 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, 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, electric shocks 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 Edwardsville, IL premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Edwardsville, IL 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 Edwardsville, IL 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 leaving debris around heating units.
Construction zones must be secured with obvious warning signage. 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 premises liability.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Edwardsville, IL premises liability attorneys for the full financial recovery you deserve.
What Compensation Can I Receive For My Edwardsville, IL Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and mental toll your accident caused. With experienced Edwardsville, IL 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 hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, emotional distress, physical impairment, scarring and loss of consortium
How much your premises liability claim is worth will be based on the severity of your injuries, the impact they've had on your life and the abilities of your Edwardsville, IL premises liability attorneys.
What Our Edwardsville, IL Premises Liability Attorneys Can Do For You
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 come up with a legal strategy that gets you the best possible results
- Acquire evidence, including maintenance logs, inspections, proof of any previously files complaints and/or video footage
- Take depositions from witnesses, employees or others who may be familiar with the dangerous condition
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the liable party 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 Edwardsville, IL 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 Edwardsville, IL Premises Liability Attorneys Today
The notion of going up against a large corporation can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've committed our careers to offering injury victims the same excellent legal representation as the people who injured them. If you were injured because of a Edwardsville, IL property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free consultation.
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.