Premises Liability Attorneys Elsberry, MO
Elsberry, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Elsberry, MO Slip and Fall Law Firm
Premises liability attorneys in Elsberry, MO. Property managers in Elsberry, MO have a duty to ensure their property is reasonably safe for patrons. But too often, they neglect that duty, and innocent people are injured through no fault of their own. When that happens, you need dedicated Elsberry, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same high-quality legal representation 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 fill out our online form for a free consultation.
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 for both states.
The laws in each state are largely similar: A property owner has a duty to warn against or fix a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they can be held liable for any injuries sustained because of the poorly maintained property.
The states do differ in one very important aspect, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in Elsberry, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can be a customer in a retail store or someone shopping in a grocery store. 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 is on the property with the owner's permission, but there is no express financial benefit to either of them. a party guest, but the law might apply to someone who came into a restaurant just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property illegally. Therefore, they do not have the same protections as the first two categories, meaning they can't sue the property owner to get compensated for their injuries. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable 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 to injure a trespasser, they can still be held liable.
- Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, trampolines or power tools. If a child is injured by or because of an attractive nuisance, 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 prove the four elements of negligence:
- Duty of care — Did the landowner have a duty to protect you from unreasonable hazards? The extent of a landowner's responsibility to keep you safe depends on what kind of visitor you are and your jurisdiction. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, 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. Likewise, if you didn't see warning signs 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, such as lost wages and medical bills, to make a claim for emotional harm and pain and suffering. If you sustained a few bumps and scrapes, but didn't need medical attention or miss any time off work, you may not have a valid claim.
Halvorsen Klote's Elsberry, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 Cases in Elsberry, MO
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 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
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 needing a code to enter the property. 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 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 death to 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, more than 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electrician poor designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Elsberry, MO 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 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 poor handling of flammabale materials to leaving debris around heating units.
Construction zones must be secured with obvious warning signage. 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 file a lawsuit 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 Elsberry, MO premises liability attorneys for the best possible financial recovery you deserve.
How Much Is My Elsberry, MO Premises Liability Claim Worth?
How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With talented Elsberry, 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, emotional distress, disability, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, how they have affected 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 develop a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the hazard
- Answer the phone when you call and keep you up-to-date on the status of your claim
- Handle all documentation and litigation 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 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:
- 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 Elsberry, MO Premises Liability Attorneys Now
The thought of going up against a powerful corporation can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've committed our practice to helping the average person get the same expert legal advocacy as the people who injured them. If you were injured because of a Elsberry, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case review.
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.