Premises Liability Attorneys Hermann, MO
Hermann, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Consultation | Hermann, MO Slip and Fall Lawyers
Premises liability attorneys in Hermann, MO. Property managers in Hermann, MO have a duty to ensure their property is reasonably safe for people who are legally on it. But too often, they neglect that duty, and innocent people are injured through no fault of their own. When that happens, you need experienced Hermann, MO premises liability attorneys to get you the full financial recovery you're entitled to. 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 so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a free case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act dictate the premises liability laws in each state.
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 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 key way, related to 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 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 be 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 recreational areas or a library. Those in control of the property are liable 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 permission, but for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who came into an establishment just to ask for directions. In Illinois, licensees have the same legal protections as invitees. 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 permission of the property owner. Therefore, they do not have the same protections as the first two categories, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton misconduct." 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 liable.
- Under the attractive nuisance doctrine, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. 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 make a claim against the landowner for the child's injuries.
Do I Have a Premises Liability Claim in Hermann, MO?
With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner have a responsibility to keep you from unreasonable harm? The extent of a landowner's responsibility to keep you safe 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 duty, that constitutes a violation of that responsibility. That could mean not fixing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you were running, you may not have a valid claim against the property owner. Similarly, 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 get compensation for how the injury impacted you physically and emotionally. If you sustained a minor cut, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Hermann, 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 for free today 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 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
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 proper security could include security guards or requiring a keycard to enter the building. Generally, 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 file a civil lawsuit – with the help 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 usually happen to children. Drowning is the leading cause of fatalities in children between the ages of one and four. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Hermann, 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 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 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 Hermann, MO premises liability attorneys for the maximum compensation you're entitled to.
How Much Are My Hermann, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the economic, physical and emotional hardships your injuries cause. With talented Hermann, 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, mental anguish, physical impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on how serious your injuries are, how they have affected your life and the skill and experience of your Hermann, MO premises liability attorneys.
What Our Hermann, MO Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is crucial. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call 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 Hermann, 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
Speak to Halvorsen Klote's Hermann, MO Premises Liability Attorneys Now
The idea of having to fight back against a large 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 are owed. We've devoted our careers to helping the average person get the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured because of a Hermann, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us through our website 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.