Premises Liability Attorneys Edwardsville, IL
Edwardsville, IL Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Review | Edwardsville, IL Slip and Fall Law Firm
Premises liability attorneys in Edwardsville, IL. Property managers 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 experienced Edwardsville, IL premises liability attorneys to get you the maximum compensation you're entitled to. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same standard of 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 free consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a duty to warn against or repair a "dangerous condition" they either knew of or should have been aware of through reasonable maintenance. If they neglect that duty, they are responsible for any injuries suffered because of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care property owners must give different types 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 hotel guests. Invitees can also be considered people on property the public is allowed to be on, such as recreational areas or a library. Those in control of the property 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 stopped into a 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 knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without permission of the property owner. 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:
- 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 exist because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance theory, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, ladders or old appliances. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the landowner for the child's injuries.
How Do I Prove a Premises Liability Claim in Edwardsville, IL?
In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the property owner or manager owe you a duty of care to keep you from unreasonable dangers? The extent of a landowner's responsibility to keep you safe 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 responsibility, that constitutes a violation of that duty. That could mean not repairing 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, you may not be able to show that the property owner was negligent. Likewise, if you didn't see an obvious hazard because you weren't looking where you were going, 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 financial loss, including lost wages and medical expenses, to make a claim for emotional harm and pain and suffering. If you sustained a minor cut, 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 Edwardsville, IL premises liability attorneys have taken on, proven and won these types of cases before. If you want to discuss your case, 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.
Types of Premises Liability Cases in Edwardsville, IL
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls account for over one million emergency room visits a year, 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 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 proper security could include a doorman or requiring a code to enter the building. 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 file a civil lawsuit – with the help 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 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, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who operates 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 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 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 missing or broken sprinkler systems.
Construction companies have a duty 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 not properly secured, you can hold the construction company accountable for your injuries.
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 best possible financial recovery you are owed.
How Much Is My Edwardsville, IL Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and emotional hardships your injuries cause. With skilled Edwardsville, IL premises liability attorneys, you'll be compensated for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential if you can no longer make a living as you used to, or have to work less hours
- 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, disability, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, the impact they've had on your life and the skill and experience 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 crucial. As part of our legal services, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance logs, inspections, proof of any previously files complaints and/or video footage
- Interview witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be and answer any question you may have
- Handle all the legal aspects of your claim so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury 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 Edwardsville, IL 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
Call Halvorsen Klote's Edwardsville, IL Premises Liability Attorneys Today
The thought of going up against a large corporation can be intimidating. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've devoted our careers to helping the average person get the same high-quality legal advocacy as the people who injured them. If you were injured on someone else's property in Edwardsville, IL, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a no-risk, no-obligation consultation.