Premises Liability Attorneys Fenton, MO
Fenton, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Fenton, MO Slip and Fall Attorneys
Premises liability attorneys in Fenton, MO. Property managers in Fenton, MO have an obligation to take reasonable measures to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through the property owner's negligence. If you or a loved one was injured on public or private property, you need experienced Fenton, 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 everyday people 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 consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a duty to inform people of or fix a "dangerous condition" they either knew of or should have known of through reasonable care. If they neglect that duty, they can be held accountable for any injuries suffered because of the poorly maintained property.
The states are different in one very important way, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Fenton, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include a customer in a retail store or hotel guests. A public invitee is someone on property that the public can access, for example recreational areas 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 has the permission of the property owner to be on the premises, but the owner doesn't get any express benefit from their presence. This can mean a friend staying at your house, but the law might apply to someone who stopped into an establishment just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for hazards they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- Pursuant to 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 misconduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted to injure a trespasser, they can still be held accountable.
- Under the attractive nuisance theory, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, ladders or construction projects. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the landowner for the child's injuries.
Proving Your Premises Liability Claim in Fenton, 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 prevent unreasonable risks of injury? The degree of the property owner's or manager's responsibility to keep you safe depends on what kind of visitor you are and your jurisdiction. Generally, 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 fixing a broken staircase, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Likewise, if you didn't notice warning signs because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the dangerous condition.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show economic loss, including lost wages and medical expenses, to get compensation for emotional harm 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 Fenton, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to discuss your case, 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 Fenton, 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
These cases often arise in apartment buildings, office buildings 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 this could include a doorman or requiring a keycard to enter the building. Typically, inadequate security claims occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of 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 are most common in children. Drowning is the leading cause of death to children between one and four years old. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electrician substandard designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Fenton, 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 Fenton, 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 doors or escape routes to leaving debris around heating units.
Construction companies have an obligation to keep their construction zones safe. 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 file a lawsuit against the construction company.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Fenton, MO premises liability attorneys for the maximum financial recovery you're entitled to.
How Much Are My Fenton, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With skilled Fenton, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, emotional distress, physical impairment, 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 Fenton, MO premises liability attorneys.
How Fenton, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is paramount. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance logs, inspections, proof of any previously files complaints and/or video footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the property owner or manager 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 Fenton, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- 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
Reach Out to Halvorsen Klote's Fenton, MO Premises Liability Attorneys Today
The thought of going up against a large corporation can be intimidating. But, if they or their policyholder caused you harm, you deserve full compensation. We've devoted our lives to offering injury victims the same high-quality legal advocacy as the people who injured them. If you were injured because of a Fenton, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case evaluation.