Premises Liability Attorneys Holts Summit, MO
Holts Summit, MO Personal Injury Lawyers
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Premises liability attorneys in Holts Summit, MO. Anyone who is in control of a property in Holts Summit, MO has a responsibility to take reasonable steps to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and innocent people who did nothing wrong get hurt. When that happens, you need experienced Holts Summit, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same standard of legal advocacy 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. Speak to 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 repair a "dangerous condition" they either were aware of or should have known of through reasonable diligence. If they neglect that duty, 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, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in Holts Summit, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be a customer in a retail store or hotel guests. 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 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 to the benefit of either solely the licensee or neither of them. a party guest, but the law might apply to someone who came into an establishment just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- 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 to get compensated for their injuries. There are two 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 exist because they wanted trespassers to get hurt, they can still be held responsible.
- Under the attractive nuisance theory, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. 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.
Proving Your Premises Liability Claim in Holts Summit, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner have a responsibility to protect you from unreasonable dangers? The extent of a landowner's duty of care depends on what kind of visitor you are and what state you're in. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a breach of that obligation. That could mean not fixing a broken staircase, or not roping off a section that has a dangerous condition.
- Causation — Did the hazardous condition directly cause 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 were looking at your phone, you might not have a valid claim.
- 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 get a financial recovery for emotional distress and pain and suffering. If you sustained a bruise, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Holts Summit, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to discuss your case, or have questions about filing a personal injury lawsuit, call one of our attorneys at no charge at 866-382-4167.
Most Common Premises Liability Claims in Holts Summit, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls account 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 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 this could include a doorman or needing a keycard to enter the building. Typically, 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 typically 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 death to children under the age of five. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, roughly 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by 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 Holts Summit, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Holts Summit, MO laws are stringent 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 Holts Summit, 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 leaving debris around heating units.
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 not properly secured, you can hold the construction company responsible for premises liability.
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 Holts Summit, MO premises liability attorneys for the full financial recovery you're entitled to.
How Much Are My Holts Summit, MO Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and emotional toll your injuries cause. With knowledgeable Holts Summit, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- 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, disability, scarring and loss of consortium
How much your premises liability claim is worth will be based on the severity of your injuries, the impact they've had on your life and the skill and experience of your Holts Summit, MO premises liability attorneys.
How Holts Summit, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is essential. Your Halvorsen Klote 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 the legal aspects of your claim so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Take the defendant to 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 Holts Summit, 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 Holts Summit, MO Premises Liability Attorneys Today
The idea of going up against a powerful corporation can be intimidating. But, if they or their policyholder caused you harm, nothing should be able to keep you from getting the financial recovery you are owed. We've committed our careers to offering injury victims the same excellent legal advocacy as the people who injured them. If you were injured on someone else's property in Holts Summit, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case review.