Premises Liability Attorneys Kirkwood, MO
Kirkwood, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Evaluation | Kirkwood, MO Slip and Fall Law Firm
Premises liability attorneys in Kirkwood, MO. Anyone who owns or operates a property in Kirkwood, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through no fault of their own. If you or a loved one was injured on someone else's property, you need knowledgeable Kirkwood, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same high-quality legal advocacy 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. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary 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 an obligation to warn against or repair a "dangerous condition" they either were aware of or should have known of through reasonable maintenance. If they fail in that responsibility, they are responsible for any injuries suffered because of the poorly maintained property.
The states do differ in one very important aspect, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in Kirkwood, MO Premises Liability Cases
The law distinguishes 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 a customer in a retail store or residents in an apartment complex. A public invitee is someone on property that the public can access, such as recreational areas 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 permission, but for personal, non-business reasons. These can be social guests, but the law might apply to someone who came into a restaurant just to use the restroom. 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; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises illegally. Therefore, they do not have the same protections as invitees and licensees, meaning they can't sue the property owner to get compensated for their injuries. There are two 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 trespassers to get hurt, 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 about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or construction projects. 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 Kirkwood, 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 landowner have a duty to keep you from unreasonable dangers? The extent of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their responsibility, property owners are considered to have breached their duty. That could mean not fixing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you were running, it's likely not the property owner's fault. Similarly, if you didn't see an obvious hazard because you were looking at your phone, you might not have a valid claim.
- 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 expenses, to make a claim for emotional harm 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 Kirkwood, MO premises liability attorneys have taken on, proven and won these types of cases before. If you have any doubts about the validity of your claim, 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 Lawsuit in Kirkwood, 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Negligent Security often arises in apartment complexes, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include security guards or requiring a code to enter the premises. Typically, lawsuits for inadequate or negligent security 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 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 usually happen to children. Drowning is the primary cause of fatalities in children between one and four years old. Public swimming pools need to have lifeguards, 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. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Kirkwood, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Kirkwood, 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 Kirkwood, 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 missing or broken sprinkler systems.
Construction companies have a responsibility 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 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 Kirkwood, MO premises liability attorneys for the maximum compensation you're entitled to.
How Much Are My Kirkwood, MO Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With experienced Kirkwood, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity 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, emotional distress, permanent impairment, disfigurement 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 skill and experience of your Kirkwood, MO premises liability attorneys.
The Role of Your Kirkwood, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Obtain evidence, including maintenance logs, inspections, previous complaints filed and/or video footage
- Take depositions from witnesses, employees or others who may be familiar with 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 property owner or manager 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 Kirkwood, 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 Kirkwood, MO Premises Liability Attorneys Today
The idea of going up against a powerful insurance company can be daunting to many. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've devoted our lives to helping the average person get the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Kirkwood, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation case evaluation.