Premises Liability Attorneys Festus, MO
Festus, MO Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Evaluation | Festus, MO Slip and Fall Law Firm
Premises liability attorneys in Festus, MO. Anyone who owns or operates a property in Festus, MO has an obligation to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they neglect that duty, and good people are injured through the property owner's negligence. If you or a loved one was injured on someone else's property, you need experienced Festus, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated 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 fill out our online form for a free case review.
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 repair a "dangerous condition" they either were aware 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 dangerous condition.
The states are different in one key way, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Festus, 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 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 a park 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 is on the property with the owner's consent, but to the benefit of either solely the licensee or neither of them. These can be social guests, but the law might apply to someone who came into a store just to ask for directions. In Illinois, licensees have the same legal protections 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. Because of that, they do not have the same rights as people that are allowed to be there, meaning they can't make a claim for a financial recovery. There are two exceptions:
- Under the 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 conduct." 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 principle, property owners may 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, trampolines or old appliances. In this instance, the child and their family can make a claim for a financial recovery.
How Do I Prove a Premises Liability Claim in Festus, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The degree of the property owner's or manager's duty of care 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, that constitutes a violation of that responsibility. That could mean not mopping up a wet spot on the floor, or not roping off a section that isn't safe.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you had inappropriate footwear for the area, you may not have a valid claim against the property owner. Similarly, if you didn't observe an obvious hazard because you were looking at your phone, you might not be able to make a claim.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show financial loss, including lost wages and medical expenses, to make a claim for how the injury impacted you physically and mentally. If you sustained a bruise, but didn't need medical attention or miss any time off work, 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 at no charge at 866-382-4167.
Types of Premises Liability Accidents 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 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 cords
- Uneven flooring, rugs or carpeting
Inadequate Security often occurs in apartment complexes, 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 needing a keycard to enter the building. Typically, inadequate 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 usually need to take civil legal action – with the help 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 primary cause of fatalities in 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, approximately 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Festus, 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 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 exits to missing or broken sprinkler systems.
Construction zones need to be secured with obvious warning signage. 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 make a claim against the construction company.
However you suffered your 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 damages you recover after a premises liability accident are meant to compensate you for the financial, physical and emotional toll your injuries cause. With knowledgeable Festus, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- 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, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, how they have affected your life and the abilities of your Festus, MO premises liability attorneys.
What Our Festus, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is essential. When you hire us, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may be familiar with the hazard
- 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
- Take the fight in front of a judge and jury 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:
- 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
Call Halvorsen Klote's Festus, MO Premises Liability Attorneys Now
The notion of going up against a large corporation can be daunting to many. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've committed our lives to offering the injured the same expert 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 fill out our online form for a free consultation.