Premises Liability Attorneys Herculaneum, MO
Herculaneum, MO Personal Injury Lawyers
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Premises liability attorneys in Herculaneum, MO. Property managers in Herculaneum, MO have a duty to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and good people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need experienced Herculaneum, MO premises liability attorneys to get you the maximum compensation you are owed. At Halvorsen Klote, our attorneys are committed to offering injury victims the same standard of legal representation as large corporations and insurance companies. We take cases 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 online for a complimentary case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a responsibility to warn against or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable diligence. If they don't, they can be held liable for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Herculaneum, MO Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be people dining at a restaurant or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, for example a park or a library. Property owners are liable for an invitee's injuries caused by dangers 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 there is no express financial benefit to either of them. a party guest, but the law might apply to someone who came into a store 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 had express knowledge of; the "should have known" standard 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 invitees and licensees, meaning they can't sue the property owner for a financial recovery. 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 conduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted trespassers to get hurt, they can still be held responsible.
- Under the attractive nuisance principle, 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 power tools. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
Proving Your Premises Liability Claim in Herculaneum, MO
In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the property owner or manager owe you a duty of care to keep you from unreasonable dangers? The extent of the property owner's or manager's duty of care depends on what kind of visitor you are and what state you're in. 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 breach of that responsibility. That could mean not fixing a broken railing, 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 see an obvious hazard because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the dangerous condition.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show financial harm, including lost wages and medical bills, to get compensation for emotional distress and pain and suffering. If you sustained a bruise, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Herculaneum, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to see if you have a case, 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 Cases in Herculaneum, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise 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 code to enter the property. Generally, lawsuits for inadequate or negligent security 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 file a civil lawsuit – with the assistance 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 primary cause of fatalities in children under the age of five. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, more than 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include 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 they didn't and you ended up injured, our Herculaneum, 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 Herculaneum, 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 an obligation to keep their construction zones safe. If you were injured 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 liable 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 Herculaneum, MO premises liability attorneys for the maximum financial recovery you're entitled to.
What Compensation Can I Recover For My Herculaneum, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and mental hardships your accident caused. With skilled Herculaneum, 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 hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, mental anguish, physical impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, the impact they've had on your life and the skill and experience of your Herculaneum, MO premises liability attorneys.
What Our Herculaneum, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with 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 the best possible settlement for you
- Represent you in 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 Herculaneum, 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
Reach Out to Halvorsen Klote's Herculaneum, MO Premises Liability Attorneys Today
The thought of going up against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've dedicated our careers to offering the injured the same excellent legal advocacy as the people who injured them. If you were injured because of a Herculaneum, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary case evaluation.