Premises Liability Attorneys Farmington, MO
Farmington, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Case Evaluation | Farmington, MO Slip and Fall Lawyers
Premises liability attorneys in Farmington, MO. Anyone who owns or operates a property in Farmington, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they fail in that responsibility, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need dedicated Farmington, MO premises liability attorneys to get you the full financial recovery you deserve. 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 so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or contact us online 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 dictate the premises liability laws for both states.
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they fail in that responsibility, they can be held liable for any injuries suffered because of the poorly maintained property.
The states are different in one key way, related to the duty of care property owners must give different categories of visitors.
Types of Visitors in Farmington, 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 someone shopping in a grocery store. A public invitee is someone on property that the public can access, for example a park 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 has the permission of the property owner to be on the premises, but to the benefit of either solely the licensee or neither of them. a party guest, but the law might apply to someone who came into a store just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights as the first two categories, 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, property owners are not immune from liability if they acted with "willful and wanton misconduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or construction projects. In this instance, the family of the child may still sue the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Farmington, MO?
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the landowner have a responsibility to prevent unreasonable risks of injury? The extent of a landowner's duty of care depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a breach of that responsibility. 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, it's likely not the property owner's fault. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical expenses, to make a claim for how the injury affected you physically and mentally. 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 Farmington, 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.
Most Common Premises Liability Claims in Farmington, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Negligent Security often occurs 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 security guards or requiring a keycard to enter the building. Generally, lawsuits for inadequate or negligent security are filed after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to file a civil lawsuit – 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 must be properly supervised, and fences and lifejacket rules should also be in place to help protect children.
In 2016, approximately 30,900 people went to the emergency room for injuries sustained 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 meet safety requirements. If you were injured because of their negligence, our Farmington, 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 Farmington, 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 blocked exits to leaving debris around heating units.
Construction sites must be coned or roped off with sufficient 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 not properly secured, you can hold the construction company liable for your injuries.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Farmington, MO premises liability attorneys for the full financial recovery you're entitled to.
What Compensation Can I Recover For My Farmington, MO Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and emotional hardships your accident caused. With knowledgeable Farmington, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity 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, mental anguish, physical impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, the impact they've had on your life and the abilities of your Farmington, MO premises liability attorneys.
The Role of Your Farmington, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance reports, inspections, previous complaints filed 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 healing
- Negotiate the best possible settlement for you
- 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 Farmington, 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
Call Halvorsen Klote's Farmington, MO Premises Liability Attorneys Today
The notion of going up against a large corporation can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've dedicated our lives to helping the average person get the same high-quality legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Farmington, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.
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.