Premises Liability Attorneys Fayette, MO
Fayette, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Fayette, MO Slip and Fall Attorneys
Premises liability attorneys in Fayette, MO. Anyone who is in control of a property in Fayette, MO has a duty to take reasonable steps to prevent people who enter the premises from becoming hurt. But too often, they fail in that responsibility, and innocent people are injured through no fault of their own. If you or a loved one was injured on someone else's property, you need experienced Fayette, MO premises liability attorneys to get you the full financial recovery you are owed. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and everyday people 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 case evaluation.
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 are largely similar: A property owner has an obligation to inform people of or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they don't, they are responsible for any injuries sustained because of the poorly maintained property.
The states do differ in one key way, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in Fayette, MO Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can be 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 can be held accountable for an invitee's injuries caused by hazards 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 stopped into a grocery store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- According 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 misconduct." 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 doctrine, a child who is trespassing may be considered an invitee. 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. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for a financial recovery.
Do I Have a Premises Liability Claim in Fayette, MO?
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager owe you a duty of care to protect you from unreasonable hazards? The degree of the property owner's or manager's duty of care 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 fail in their duty, property owners are considered to have breached their duty. That could mean not repairing a broken railing, or not roping off a section that has a dangerous condition.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you had improper footwear for the area, you may not be able to show that the property owner was negligent. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, the property owner may argue that you were injured because you were distracted, not because of the dangerous condition.
- Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic harm, such as lost wages and medical expenses, to get compensation 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 Fayette, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, call one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Accidents in Fayette, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls are responsible for over one million emergency room visits a year, 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
Negligent Security often arises in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include a doorman or requiring a code to enter the property. Typically, lawsuits for inadequate or negligent security occur after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually need to file a civil lawsuit – with the assistance 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 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, an estimated 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, 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 Fayette, 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 Fayette, 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 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.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Fayette, MO premises liability attorneys for the best possible financial recovery you deserve.
How Much Are My Fayette, MO Premises Liability Injuries Worth?
The value of your claim depends on the economic, physical and mental hardships your accident caused. With experienced Fayette, MO premises liability attorneys, you cans secure compensation:
- 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, emotional distress, permanent impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement will be based on the severity of your injuries, how they have affected your life and the abilities of your Fayette, MO premises liability attorneys.
How Fayette, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Gather evidence, including maintenance logs, 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 the best possible settlement for you
- Represent you in court 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 Fayette, 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 Fayette, MO Premises Liability Attorneys Now
The thought of going up against a powerful corporation can be daunting to a lot of people. But, if you were injured because of someone else's negligence, you deserve full compensation. We've dedicated our lives to helping the average person get the same excellent legal advocacy as the people who injured them. If you were injured on someone else's property in Fayette, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form 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.