Premises Liability Attorneys Eldon, MO
Eldon, MO Personal Injury Law Firm
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Premises liability attorneys in Eldon, MO. Property owners in Eldon, MO have an obligation to take reasonable precautions to prevent people who enter the premises from becoming hurt. But too often, they neglect that duty, and good people are injured through the property owner's negligence. When that happens, you need dedicated Eldon, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and injury victims every day. We take cases in both Missouri and Illinois, and fight hard so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a free consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a duty to warn against or repair a "dangerous condition" they either were aware of or should have known of through reasonable diligence. If they neglect that obligation, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one very important way, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Eldon, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be people dining at a restaurant or residents in an apartment complex. A public invitee is someone on property that the public can access, such as recreational areas or a library. Property owners can be held accountable for an invitee's injuries caused by hazards 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 for personal, non-business reasons. These can be social guests, but the law might apply to someone who stopped into a restaurant just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the property without permission of the property owner. Because of that, they do not have the same protections as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- According 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 be there because they wanted to injure a trespasser, 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 that is likely to attract children. Examples could be swimming pools, trampolines or construction projects. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
What Do I Need to File a Premises Liability Claim in Eldon, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The extent of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a breach of that duty. That could mean not repairing a broken railing, or not roping off a section that has a dangerous condition.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you had improper footwear for the area, you may not have a valid claim against the property owner. Similarly, if you didn't notice an obvious hazard because you weren't looking where you were going, the property owner may argue that you were injured because you were distracted, not because of the dangerous condition.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, including lost wages and medical expenses, to make a claim for emotional distress 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 Eldon, MO premises liability attorneys have proven numerous premises liability claims. 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.
Most Common Premises Liability Claims in Eldon, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. 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:
- 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, 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 this could include a doorman or needing a code to enter the property. Generally, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to take civil legal action – 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 are most common in children. Drowning is the primary cause of death to children between one and four years old. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, roughly 30,900 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks substandard designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Eldon, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Eldon, MO 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 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 poor handling of flammabale materials to missing or broken smoke alarms.
Construction sites must 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 hold the construction company accountable for your injuries.
However you sustained your 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 full financial recovery you are owed.
How Much Are My Eldon, MO Premises Liability Injuries Worth?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional toll your accident caused. With experienced Eldon, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential if your accident results in permanent disability
- 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, mental anguish, 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, how they have affected your life and the abilities of your Eldon, MO premises liability attorneys.
The Role of Your Eldon, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. As part of our legal representation, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be 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
- Take the fight to trial 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 Eldon, MO 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
Reach Out to Halvorsen Klote's Eldon, MO Premises Liability Attorneys Now
The notion of going up against a powerful corporation can be daunting to a lot of people. But, if you were injured because of someone else's negligence, you deserve full compensation. We've devoted our lives to offering the injured the same high-quality legal representation as the people who injured them. If you were injured because of a Eldon, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.