Elsberry, MO

Premises Liability Attorneys Elsberry, MO

Elsberry, MO Personal Injury Law Firm


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Premises liability attorneys in Elsberry, MO. Property owners in Elsberry, MO have a responsibility to take reasonable measures to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need experienced Elsberry, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted 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 so our clients can finally get a sense of justice and recognition. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a free consultation.

Premises Liability Attorneys Elsberry, MO | Slip and Fall Lawyers | Personal Injury Lawyer Near Elsberry

What Are the Premises Liability Laws in Missouri and Illinois?

Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws in their respective state.

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 care. If they don't, they are responsible for any injuries suffered because of the poorly maintained property.

The states do differ in one very important aspect, related to the duty of care property owners must give different categories of visitors.

Types of Visitors in Elsberry, MO Premises Liability Cases

The law differentiates between three types of visitors in premises liability claims:

  1. 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 someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, for example recreational areas or a library. Those in control of the property can be held accountable for an invitee's injuries caused by dangers they knew about or should have known about.
  2. Licensees — A licensee is someone who is on the property with the owner's consent, but the owner doesn't get any express benefit from their presence. These can be social guests, but the law might apply to someone who came into an establishment just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for dangers they had express knowledge of – not ones they "should have known about.
  3. Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same protections as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
    1. 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 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.
    2. Under the attractive nuisance doctrine, 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 power tools. In this instance, the child and their family can make a claim for compensation.

Proving Your Premises Liability Claim in Elsberry, MO

With all personal injury claims, you must demonstrate how the four elements of negligence are present in your case:

  1. Duty of care — Did the property owner or manager owe you a duty of care to protect you from unreasonable dangers? The degree of a landowner's duty of care 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.
  2. Breach of duty — If they fail in their duty, that constitutes a violation of that obligation. That could mean not fixing a broken staircase, or not roping off a area of the property that has a dangerous condition.
  3. Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you were running, it's likely not the property owner's fault. Likewise, if you didn't see an obvious hazard because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the hazard.
  4. Damages — To have a valid claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical bills, to get compensation for emotional harm and pain and suffering. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you likely do not have enough to make a case.

Halvorsen Klote's Elsberry, MO premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a 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.

Premises Liability Attorneys Elsberry, MO | Personal Injury Law Firm | Slip and Fall Lawyer Near Elsberry

Most Common Premises Liability Lawsuit in Elsberry, MO

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:

  • Slippery floors
  • Broken staircases, handrails or floors
  • Ice or snow
  • Loose cords
  • Uneven flooring, rugs or carpeting

Negligent Security

Negligent Security often occurs 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 proper security could include a doorman or needing a keycard to enter the property. Typically, negligent security claims 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 help 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 are most common in children. Drowning is the primary cause of death to children under the age of five. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.

In 2016, an estimated 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 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 Elsberry, 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 Elsberry, 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 sprinkler systems.

Construction Accidents

Construction zones need to 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 file a lawsuit against the construction company.

However you sustained your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Elsberry, MO premises liability attorneys for the full financial recovery you deserve.

What Compensation Can I Recover For My Elsberry, MO Premises Liability Injuries?

How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With knowledgeable Elsberry, MO premises liability attorneys, you'll be compensated for:

  • 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, disfigurement 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 Elsberry, MO premises liability attorneys.

The Role of Your Elsberry, MO Premises Liability Attorneys

When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. Your Halvorsen Klote 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 video footage
  • Take depositions from witnesses, employees or others who may be familiar with the hazard
  • Answer the phone when you call 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 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 Elsberry, MO include:

Premises Liability Attorneys Elsberry, MO | Slip and Fall Lawyers | Personal Injury Attorney Near Elsberry

Speak to Halvorsen Klote's Elsberry, MO Premises Liability Attorneys Now

The idea of going up against a powerful insurance company can be daunting to many. But, if they or their policyholder injured you by their negligence, you deserve full compensation. We've dedicated our careers to helping the average person get the same excellent legal representation as the people who injured them. If you were injured because of a Elsberry, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.


Joel Halvorsen

Joel Halvorsen

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.


Greg Klote

Greg Klote

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.