Premises Liability Attorneys Ellisville, MO
Ellisville, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Evaluation | Ellisville, MO Slip and Fall Attorneys
Premises liability attorneys in Ellisville, MO. Property managers in Ellisville, MO have an obligation to take reasonable measures to prevent people who enter the premises from becoming hurt. But too often, they neglect that duty, and innocent people are injured through no fault of their own. When that happens, you need dedicated Ellisville, MO premises liability attorneys to get you the maximum compensation you are owed. At Halvorsen Klote, our attorneys are devoted to leveling the playing field between large corporations and insurance companies and injury victims every day. 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 fill out our online form for a complimentary case review.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability almost equally: A property owner has a duty to warn against or repair a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they are responsible for any injuries sustained because of the poorly maintained property.
The states are different in one key way, related to the duty of care owed to different categories of visitors.
Types of Visitors in Ellisville, MO Premises Liability Cases
The law differentiates between three types of visitors in premises liability claims:
- 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. 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 has the permission of the property owner to be on the premises, but the owner doesn't get any express benefit from their presence. a party guest, but the law might apply to someone who came into a restaurant just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still be liable 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 present on the property that could be alluring to a child. 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 a financial recovery.
Proving Your Premises Liability Claim in Ellisville, MO
With all personal injury claims, 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 protect you from unreasonable harm? The extent of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is legally 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 fixing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not be able to show that the property owner was negligent. 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 — To have a valid claim, you have to have suffered harm. Usually, you need to show financial harm, including lost wages and medical bills, to get a financial recovery 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 Ellisville, MO premises liability attorneys have taken on, proven and won these types of cases before. 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 for free today at 866-382-4167.
Types of Premises Liability Accidents in Ellisville, 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Negligent Security often arises in apartment buildings, 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 adequate security could include security guards or requiring a code to enter the premises. Generally, lawsuits for inadequate or negligent security occur 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 aid of premises liable attorneys – against a property owner to be compensated financially for your injuries and emotional anguish.
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 need to have lifeguards, and fences and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Ellisville, MO premises liability attorneys will hold them accountable.
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 Ellisville, 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 leaving debris around heating units.
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 not properly secured, you can make a claim against the construction company.
However you suffered your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Ellisville, MO premises liability attorneys for the best possible compensation you deserve.
What Compensation Can I Receive For My Ellisville, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and mental toll your accident caused. With knowledgeable Ellisville, MO premises liability attorneys, you cans secure compensation:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity if you can no longer work
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, permanent impairment, scarring and loss of consortium
How much your premises liability claim is worth depends mostly on the severity of your injuries, how they have affected your life and the abilities of your Ellisville, MO premises liability attorneys.
How Ellisville, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. When you hire us, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the most compensation possible
- Acquire 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
- 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 the best possible settlement for you
- Take the property owner or manager to court 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 Ellisville, 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 Ellisville, MO Premises Liability Attorneys Today
The notion of having to fight back against a large corporation can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've dedicated our practice to offering the injured the same high-quality legal advocacy as the people who injured them. If you were injured on someone else's property in Ellisville, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case evaluation.