Premises Liability Attorneys Fenton, MO
Fenton, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Consultation | Fenton, MO Slip and Fall Lawyers
Premises liability attorneys in Fenton, MO. Anyone who owns or operates a property in Fenton, MO has an obligation to take reasonable steps to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and good people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need experienced Fenton, MO premises liability attorneys to get you the maximum compensation you're entitled to. At Halvorsen Klote, our attorneys are committed to offering injury victims the same excellent legal representation as large corporations and insurance companies. 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 fill out our online form for a complimentary case review.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: 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 prudence. If they fail in that obligation, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states do differ in one very important way, related to the duty of care owed to 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 who is visiting the premises to benefit themselves and/or the proprietor. This can include people dining at a restaurant or hotel guests. Invitees can also be considered people on property the public is allowed to be on, for example a park or a library. Property owners are liable 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 consent, but for personal, non-business reasons. This can mean a family member coming over for dinner, 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 are only liable for hazards they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without permission of the property owner. Therefore, they do not have the same protections as people that are allowed to be there, meaning they can't make a claim for a financial recovery. There are a couple of 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 be there because they wanted to injure a trespasser, 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 present on the property that could be alluring to a child. Examples could be swimming pools, ladders or old appliances. 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
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager have an obligation to keep you from unreasonable hazards? The degree of a landowner'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 fail in their responsibility, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, 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 you had inappropriate footwear for the area, you may not be able to show that the property owner was negligent. Likewise, if you didn't observe warning signs because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial loss, including lost wages and medical bills, to make a claim for how the injury impacted you physically and emotionally. If you sustained a bruise, but didn't need medical attention or miss any time off work, you may not have a valid claim.
Halvorsen Klote's Fenton, MO premises liability attorneys have proven numerous premises liability claims. 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 for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Fenton, 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
Negligent Security often arises in apartment buildings, offices 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 code to enter the property. Generally, negligent security claims are filed after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll typically 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 leading cause of fatalities in children between the ages of one and four. Public swimming pools need to have lifeguards, and fences and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Fenton, MO premises liability attorneys will hold them accountable.
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 faulty wiring or gas leaks to missing or broken sprinkler systems.
Construction sites 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 not properly secured, you can file a lawsuit against the construction company.
Whatever the nature of your specific injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Fenton, MO premises liability attorneys for the best possible financial recovery you're entitled to.
What Compensation Can I Receive For My Fenton, MO Premises Liability Injuries?
The value of your claim depends on the financial, physical and emotional hardships your injuries cause. With knowledgeable Fenton, 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, physical impairment, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on the severity of your injuries, the impact they've had on your life and the abilities of your Fenton, MO premises liability attorneys.
What Our Fenton, MO Premises Liability Attorneys Can Do For You
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
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be and keep you up-to-date on the status of your claim
- Handle all documentation and litigation so you can focus on healing
- Negotiate the best possible settlement for you
- Represent you in 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:
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
- Slip and Fall Lawyer
Call Halvorsen Klote's Fenton, MO Premises Liability Attorneys Today
The idea of having to fight back against a large corporation can be intimidating. 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 expert legal representation 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 contact us online for a complimentary case review.