Premises Liability Attorneys Eldon, MO
Eldon, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Review | Eldon, MO Slip and Fall Lawyers
Premises liability attorneys in Eldon, MO. Property owners in Eldon, MO have an obligation to ensure their property is reasonably safe for people who are legally on it. But too often, they fail in that responsibility, and good people are injured through the property owner's negligence. If you or a loved one was injured on public or private property, you need dedicated Eldon, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same high-quality 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 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 in each state.
The laws in each state are largely similar: A property owner has an obligation to inform people of or repair a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they neglect that duty, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important way, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Eldon, MO Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. 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, for example a park 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 to the benefit of either solely the licensee or neither of them. These can be social guests, but the law might apply to someone who came into a grocery store 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 illegally. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the 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 be there because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance principle, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, trampolines or construction projects. In this instance, the family of the child may still sue the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Eldon, 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 property owner or manager have a responsibility to protect you from unreasonable harm? The degree 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.
- Breach of duty — If they fail in their responsibility, property owners are considered to have breached their 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 conditions, you may not have a valid claim against the property owner. Similarly, 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 have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic harm, such as lost wages and medical bills, to make a claim for how the injury impacted you physically and emotionally. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Eldon, MO 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 at no charge at 866-382-4167.
Most Common Premises Liability Claims in Eldon, 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 wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or requiring a code to enter the premises. Typically, lawsuits for inadequate or negligent security are filed 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 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 leading cause of fatalities in children between one and four years old. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, roughly 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. Anybody who is in control of a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Eldon, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Eldon, MO laws are strict 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 Eldon, 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 smoke alarms.
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 make a claim 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 Eldon, MO premises liability attorneys for the maximum financial recovery you deserve.
How Much Are My Eldon, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and mental hardships your accident caused. With skilled Eldon, MO premises liability attorneys, you cans secure compensation:
- 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 the severity of your injuries, how they have affected your life and the abilities of your Eldon, MO premises liability attorneys.
How Eldon, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. When you hire us, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the hazard
- 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 healing
- Negotiate a settlement on your behalf
- 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 Eldon, MO 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
Reach Out to Halvorsen Klote's Eldon, MO Premises Liability Attorneys Now
The idea of having to fight back against a powerful corporation can be daunting to a lot of people. 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 committed our lives to offering injury victims the same excellent legal representation as the people who injured them. If you were injured because of a Eldon, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a complimentary 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.