Premises Liability Attorneys Festus, MO
Festus, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Review | Festus, MO Slip and Fall Attorneys
Premises liability attorneys in Festus, MO. Anyone who owns or operates a property in Festus, MO has 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 Festus, 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 to see our clients get the justice and recognition they deserve. Speak to our premises liability attorneys today 866-382-4167 or contact us through our website for a free case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has an obligation to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable maintenance. If they fail in that obligation, they can be held accountable 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 owed to different kinds of visitors.
Types of Visitors in Festus, MO Premises Liability Cases
The law distinguishes between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. 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, such as bike paths or a library. Those in control of the property 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 for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who came into a grocery store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without permission of the property owner. Therefore, they do not have the same protections as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable for a trespasser's injuries if the landowner acted with "willful and wanton misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, 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 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 child and their family can make a claim for compensation.
What Do I Need to File a Premises Liability Claim in Festus, MO?
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner have a responsibility to keep you from unreasonable hazards? The degree of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser 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 neglect their obligation, that constitutes a breach of that duty. That could mean not repairing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you had inappropriate footwear for conditions, you may not have a valid claim against the property owner. Similarly, if you didn't notice warning signs because you were looking at your phone, you might not have a valid 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 harm, including lost wages and medical bills, to make a claim for emotional distress and pain and suffering. If you sustained a minor cut, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Festus, 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 Festus, MO
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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Inadequate Security often arises 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 property. Generally, 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 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 are most common in children. Drowning is the primary 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, an estimated 30,900 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electrician poor designs. 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 Festus, MO premises liability attorneys will help you secure justice and a full financial recovery.
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 Festus, 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 missing or broken smoke alarms.
Construction companies have a responsibility 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 dangerous, you can hold the construction company responsible for premises liability.
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 Festus, MO premises liability attorneys for the best possible compensation you're entitled to.
How Much Is My Festus, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and mental toll your accident caused. With skilled Festus, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer work
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, 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, the impact they've had on your life and the abilities of your Festus, MO premises liability attorneys.
The Role of Your Festus, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is essential. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the best possible results
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call 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
- Take the property owner or manager to 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 Festus, 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 Festus, MO Premises Liability Attorneys Now
The idea of having to fight back against a powerful insurance company can be daunting to many. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've devoted our lives to helping the average person get the same high-quality legal representation as the people who injured them. If you were injured on someone else's property in Festus, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a complimentary case review.