Premises Liability Attorneys Fairview Heights, IL
Fairview Heights, IL Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Case Evaluation | Fairview Heights, IL Slip and Fall Law Firm
Premises liability attorneys in Fairview Heights, IL. Property owners in Fairview Heights, IL have a responsibility to ensure their property is reasonably safe for people who are legally on it. But too often, they neglect that duty, and good people who did nothing wrong get hurt. When that happens, you need knowledgeable Fairview Heights, IL premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same excellent legal representation 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. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act dictate the premises liability laws in each state.
Both states treat premises liability almost equally: A property owner has an obligation to warn against or repair a "dangerous condition" they either were aware of or should have known of through reasonable care. If they neglect that obligation, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one key aspect, related to the duty of care owed to different categories of visitors.
Types of Visitors in Fairview Heights, IL 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 include a customer in a retail store or residents in an apartment complex. A public invitee is someone on property that the public can access, for example a park 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 has the permission of the property owner to be on the premises, but for personal, non-business reasons. a party guest, but the law might apply to someone who stopped 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 had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site without permission of the property owner. Because of that, they do not have the same rights as the first two categories, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- Pursuant 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 exist because they wanted trespassers to get hurt, 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 present on the property that could be alluring to a child. Examples could be swimming pools, ladders or power tools. In this instance, the family of the child may still sue the landowner for the child's injuries.
Do I Have a Premises Liability Claim in Fairview Heights, IL?
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 degree of a landowner's responsibility to keep you safe depends on what kind of visitor you are and what state you're in. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, that constitutes a violation of that duty. That could mean not fixing a broken railing, or not roping off a area of the property that has a dangerous condition.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Similarly, if you didn't see warning signs because you weren't looking where you were going, you might not have a valid claim.
- Damages — To have a valid claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic harm, including lost wages and medical bills, to make a claim for emotional distress and pain and suffering. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Fairview Heights, IL 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 at no charge at 866-382-4167.
Types of Premises Liability Accidents in Fairview Heights, IL
Slip and Falls
Falling is the number one 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 often occurs in apartment buildings, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include security guards or requiring a code to enter the building. Generally, inadequate security claims 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 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 under the age of five. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. 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 Fairview Heights, IL premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Fairview Heights, IL laws are strict 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 Fairview Heights, IL 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 blocked exits to missing or broken smoke alarms.
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 hold the construction company accountable for premises liability.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Fairview Heights, IL premises liability attorneys for the best possible compensation you deserve.
How Much Are My Fairview Heights, IL Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With knowledgeable Fairview Heights, IL premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer make a living as you used to, or have to work less hours
- 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, physical impairment, scarring 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 abilities of your Fairview Heights, IL premises liability attorneys.
How Fairview Heights, IL 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 come up with a legal strategy to prove negligence
- Obtain 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 hazard
- Answer the phone when you call 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 fight in front of a judge and jury 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 Fairview Heights, IL 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 Fairview Heights, IL Premises Liability Attorneys Now
The idea of going up against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've dedicated our careers to helping the average person get the same expert legal advocacy as the people who injured them. If you were injured on someone else's property in Fairview Heights, IL, call our premises liability attorneys today at 866-382-4167 or fill out our online form 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.