Premises Liability Attorneys Eureka, MO
Eureka, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Eureka, MO Slip and Fall Attorneys
Premises liability attorneys in Eureka, MO. Anyone who owns or operates a property in Eureka, MO has an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and good people are injured through no fault of their own. If you or a loved one was injured on someone else's property, you need knowledgeable Eureka, MO premises liability attorneys to fight for your rights. 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. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary case evaluation.
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 each state.
The laws in each state are largely similar: A property owner has a duty to inform people of or repair a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they don't, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one key aspect, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Eureka, MO Premises Liability Cases
The law differentiates between three classes 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 hotel guests. Invitees can also be considered people on property the public is allowed to be on, such as recreational areas 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 is on the property with the owner's consent, but for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who stopped into a grocery store just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't sue the property owner for a financial recovery. There are a couple of 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 conduct." 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 theory, 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, ladders or construction projects. In this instance, the child and their family can make a claim for compensation.
Do I Have a Premises Liability Claim in Eureka, MO?
In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the landowner have an obligation to prevent unreasonable risks of injury? The degree of the property owner's or manager's duty of care depends on what kind of visitor you are and what state you're in. Generally, 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 violation of that duty. That could mean not mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you had inappropriate footwear for the area, you may not be able to show that the property owner was negligent. Similarly, if you didn't see an obvious hazard because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show financial loss, including lost wages and medical bills, to get compensation for emotional distress and pain and suffering. If you sustained a minor cut, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Eureka, 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, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Accidents in Eureka, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls account for 12% of total falls that lead to emergency room visits, and are the primary cause of lost days from work.
Slip and falls can be caused by:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include a doorman or requiring a keycard to enter the property. Generally, negligent security claims occur 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 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 fatalities in children under the age of five. Public swimming pools need to be properly supervised, and fences and lifejacket rules should also be in place to help protect children.
In 2016, an estimated 30,900 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Eureka, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Eureka, 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 Eureka, 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 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 make a claim against the construction company.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Eureka, MO premises liability attorneys for the best possible compensation you deserve.
How Much Are My Eureka, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With skilled Eureka, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity if your accident results in permanent disability
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, disability, disfigurement and loss of consortium
How much your premises liability claim is worth depends largely on how serious your injuries are, how they have affected your life and the skill and experience of your Eureka, MO premises liability attorneys.
The Role of Your Eureka, 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 circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
- Answer the phone when you call 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 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 Eureka, 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
Speak to Halvorsen Klote's Eureka, MO Premises Liability Attorneys Today
The idea of going up against a large insurance company can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our lives to helping the average person get the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Eureka, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a no-risk, no-obligation 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.