Premises Liability Attorneys Herculaneum, MO
Herculaneum, MO Personal Injury Law Firm
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Premises liability attorneys in Herculaneum, MO. Anyone who is in control of a property in Herculaneum, MO has a responsibility to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and innocent people are injured through the property owner's negligence. When that happens, you need knowledgeable Herculaneum, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are devoted 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 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?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws in their respective state.
Both states treat premises liability almost equally: A property owner has a responsibility to warn against or repair a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one key way, related to the duty of care property owners must give different kinds of visitors.
Types of Visitors in Herculaneum, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- 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, such as 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 is on the property with the owner's permission, 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 stopped 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 – not ones they "should have known about.
- Trespassers — Trespassers are on the property illegally. Because of that, 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 a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still owe compensation 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 exist 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 Herculaneum, MO
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- 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 whether you're a invitee, licensee or trespasser and what state you're in. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a violation of that duty. That could mean not mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you had improper footwear for the area, you may not have a valid claim against the property owner. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, 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 expenses, to make a claim for emotional harm and pain and suffering. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Herculaneum, 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, call one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Cases in Herculaneum, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Inadequate Security often arises in apartment complexes, offices 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 adequate security could include security guards or requiring a keycard to enter the property. Generally, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to take civil legal action – with the aid 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 death to children under the age of five. Public swimming pools must have lifeguards, and fences and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Herculaneum, 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 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 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.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Herculaneum, MO premises liability attorneys for the full compensation you're entitled to.
How Much Is My Herculaneum, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, 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 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, disability, scarring and loss of consortium
How much your premises liability claim is worth will be based on how serious your injuries are, how they have affected your life and the skill and experience of your Herculaneum, MO premises liability attorneys.
The Role of Your Herculaneum, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is essential. Your Halvorsen Klote 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 reports, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of 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 your physical recovery
- Negotiate a settlement on your behalf
- 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 Herculaneum, MO include:
- 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
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
Call Halvorsen Klote's Herculaneum, MO Premises Liability Attorneys Today
The idea of going up against a powerful corporation can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our careers to offering the injured the same high-quality legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Herculaneum, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case evaluation.
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.