Premises Liability Attorneys Fulton, MO
Fulton, MO Personal Injury Lawyers
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Premises liability attorneys in Fulton, MO. Property managers in Fulton, MO have a responsibility to take reasonable steps to prevent people who enter the premises from becoming hurt. But too often, they neglect that duty, and good people are injured through no fault of their own. When that happens, you need dedicated Fulton, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same excellent legal representation as large corporations and insurance companies. We take cases in both Missouri and Illinois, and fight hard so our clients can finally get a sense of justice and recognition. Call 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?
Both states treat premises liability almost equally: A property owner has a responsibility to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable care. If they don't, they can be held accountable for any injuries sustained as a result of the poorly maintained property.
The states do differ in one key aspect, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Fulton, 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 include people dining at a restaurant or someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, for example a park or a library. Those in control of the property are liable for an invitee's injuries caused by dangers they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's consent, but there is no express financial benefit to either of them. These can be social guests, but the law might apply to someone who came into an establishment just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner 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 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 theory, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, trampolines or construction projects. In this instance, the child and their family can make a claim for a financial recovery.
Do I Have a Premises Liability Claim in Fulton, MO?
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? The extent of the property owner's or manager's responsibility to keep you safe depends on what kind of visitor you are 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 fail in their obligation, that constitutes a breach of that duty. That could mean not mopping up a wet spot on the floor, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not be able to show that the property owner was negligent. Similarly, if you didn't see warning signs because you weren't looking where you were going, 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 need to have suffered harm. Usually, you need to show economic loss, including lost wages and medical bills, to get a financial recovery for how the injury impacted you physically and emotionally. If you sustained a minor cut, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Fulton, MO premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a 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.
Most Common Premises Liability Lawsuit in Fulton, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible for 12% of total falls that lead to emergency room visits, and are the number one reason people need to lose 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
These cases often arise 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 security guards or needing a keycard to enter the premises. Generally, inadequate security claims 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 take civil legal action – with the aid 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 leading 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, an estimated 30,900 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 structural issues. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Fulton, 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 Fulton, 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 smoke alarms.
Construction companies have a duty 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 file a lawsuit against the construction company.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Fulton, MO premises liability attorneys for the full financial recovery you deserve.
How Much Are My Fulton, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the economic, physical and mental hardships your injuries cause. With talented Fulton, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- 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, emotional distress, physical impairment, disfigurement 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 Fulton, MO premises liability attorneys.
The Role of Your Fulton, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- 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 your physical recovery
- Negotiate the best possible settlement for you
- Take the fight to trial 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 Fulton, 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
Speak to Halvorsen Klote's Fulton, MO Premises Liability Attorneys Today
The idea of having to fight back against a powerful corporation can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've committed our lives to helping the average person get the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Fulton, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free consultation.