Premises Liability Attorneys Kirkwood, MO
Kirkwood, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Review | Kirkwood, MO Slip and Fall Law Firm
Premises liability attorneys in Kirkwood, MO. Anyone who is in control of a property in Kirkwood, MO has a responsibility 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 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 representation as large corporations and insurance companies. We take cases 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 contact us through our website for a no-risk, no-obligation consultation.
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 for both states.
Both states treat premises liability almost equally: A property owner has an obligation to warn against or fix a "dangerous condition" they either knew of or should have known of through reasonable care. If they fail in that responsibility, they are responsible for any injuries sustained as a result of the dangerous condition.
The states are different in one key way, related to the duty of care owed to different categories of visitors.
Types of Visitors in Kirkwood, 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 people dining at a restaurant or residents in an apartment complex. A public invitee is someone on property that the public can access, for example bike paths or a library. Property owners can be held accountable for an invitee's injuries caused by hazards 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 the owner doesn't get any express benefit from their presence. This can mean a friend coming over for dinner, but the law might apply to someone who stopped into an establishment just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises without consent of the property owner. Therefore, they do not have the same protections as people that are allowed to be there, meaning they can't make a claim for a financial recovery. There are two exceptions:
- Pursuant 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 misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held responsible.
- Under the attractive nuisance theory, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, ladders or old appliances. In this instance, the family of the child may still make a claim against the landowner for the child's injuries.
Proving Your Premises Liability Claim in Kirkwood, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager owe you a duty of care to keep you from unreasonable dangers? The degree of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser 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 obligation, that constitutes a violation of that duty. That could mean not mopping up a wet spot on the floor, or not roping off a area of the property that has a dangerous condition.
- Causation — Did the hazardous 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. Likewise, if you didn't observe an obvious hazard because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial loss, such as lost wages and medical bills, 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 likely do not have enough to make a case.
Halvorsen Klote's Kirkwood, MO premises liability attorneys have proven numerous premises liability claims. If you want to discuss your 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 Kirkwood, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls account 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise 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 this could include a doorman or requiring a code to enter the premises. Typically, 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 typically need to file a civil lawsuit – 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 primary cause of fatalities in children between the ages of one and four. Public swimming pools need to have lifeguards, and barriers 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, electrician substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, 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 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 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 blocked doors or escape routes to leaving debris around heating units.
Construction zones must be secured with obvious warning signage. 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 file a lawsuit 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 Kirkwood, MO premises liability attorneys for the full compensation you're entitled to.
What Compensation Can I Recover For My Kirkwood, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and mental toll your injuries cause. With talented Kirkwood, MO premises liability attorneys, you'll be compensated for:
- 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 hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, emotional distress, physical impairment, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, the impact they've had on your life and the skill and experience of your Kirkwood, MO premises liability attorneys.
How Kirkwood, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is paramount. When you hire us, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Interview witnesses, employees or others who may be familiar with the hazard
- Be available whenever you need us to be and answer any question you may have
- 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 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 Kirkwood, 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
Reach Out to Halvorsen Klote's Kirkwood, MO Premises Liability Attorneys Now
The thought of having to fight back against a powerful corporation can be intimidating. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've committed our careers to helping the average person get the same high-quality 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 contact us online 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.