Premises Liability Attorneys Hermann, MO
Hermann, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Consultation | Hermann, MO Slip and Fall Law Firm
Premises liability attorneys in Hermann, MO. Anyone who is in control of a property in Hermann, MO has a duty to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through the property owner's negligence. When that happens, you need knowledgeable Hermann, MO premises liability attorneys to get you the full financial recovery you are owed. At Halvorsen Klote, our attorneys are dedicated to leveling the playing field between large corporations and insurance companies and everyday people 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?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a duty to warn against or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they don't, they can be held accountable for any injuries sustained because of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Hermann, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can be a customer in a retail store or someone shopping in a grocery store. Invitees can also be considered people on property the public is allowed to be on, such as bike paths or a library. Those in control of the property can be held accountable 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 stopped into a store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site without consent of the property owner. Therefore, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- According to Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held liable.
- 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, trampolines or old appliances. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for a financial recovery.
Do I Have a Premises Liability Claim in Hermann, MO?
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? The extent of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, property owners are considered to have breached their 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 you were running, it's likely not the property owner's fault. Likewise, if you didn't see warning signs 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 have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, including lost wages and medical bills, to make a claim for how the injury affected you physically and emotionally. If you sustained a minor cut, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Hermann, 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 Accidents in Hermann, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls are responsible 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
Negligent 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 proper security could include a doorman or requiring a keycard to enter the property. Typically, negligent security claims are filed after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of 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 leading cause of death to children between one and four years old. Public swimming pools must be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, 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 Hermann, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Hermann, MO laws are strict when it comes to fire codes for all types of 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 Hermann, 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 faulty wiring or gas leaks to leaving debris around heating units.
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 make a claim against the construction company.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Hermann, MO premises liability attorneys for the maximum financial recovery you're entitled to.
How Much Is My Hermann, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and emotional hardships your injuries cause. With talented Hermann, MO premises liability attorneys, you cans secure compensation:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer make a living as you used to, or have to work less hours
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, physical 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 Hermann, MO premises liability attorneys.
The Role of Your Hermann, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. As part of our legal representation, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may have knowledge of 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 a settlement on your behalf
- 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 Hermann, 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
- Slip and Fall Lawyer
Reach Out to Halvorsen Klote's Hermann, MO Premises Liability Attorneys Today
The idea of having to fight back against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our lives to helping the average person get the same expert legal representation as powerful corporations and insurance companies. If you were injured because of a Hermann, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free consultation.