Premises Liability Attorneys Lemay, MO
Lemay, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Lemay, MO Slip and Fall Law Firm
Premises liability attorneys in Lemay, MO. Anyone who owns or operates a property in Lemay, MO has a duty to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they neglect that duty, and innocent people who did nothing wrong get hurt. When that happens, you need knowledgeable Lemay, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted 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. Call our premises liability attorneys today 866-382-4167 or contact us through our website for a free 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 in their respective state.
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 repair a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they can be held accountable for any injuries suffered as a result of the poorly maintained property.
The states do differ in one key aspect, related to the duty of care property owners must give different categories of visitors.
Types of Visitors in Lemay, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include people dining at a restaurant or hotel guests. Invitees can also be considered people on property the public is allowed to be on, such as a park or a library. Property owners are liable 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 the owner doesn't get any express benefit from their presence. These can be social guests, but the law might apply to someone who came into an establishment just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights as invitees and licensees, meaning they can't make a claim for a financial recovery. There are a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still owe compensation for a trespasser's injuries if the landowner 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 accountable.
- Under the attractive nuisance theory, property owners might 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 power tools. In this instance, the family of the child may still sue the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Lemay, 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 prevent unreasonable risks of injury? The extent of the property owner's or manager's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their responsibility, property owners are considered to have breached their duty. That could mean not repairing 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 somebody ran into you, you may not have a valid claim against the property owner. Similarly, if you didn't observe an obvious hazard because you weren't looking where you were going, you might not be able to make a claim.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, including lost wages and medical bills, to get a financial recovery for emotional distress 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 Lemay, 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, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Cases in Lemay, 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 wiring
- Uneven flooring, rugs or carpeting
Inadequate 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 this could include security guards or needing a keycard to enter the property. Generally, negligent security claims are filed after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll typically 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 usually happen to children. Drowning is the leading 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, more than 30,000 people sought emergency medical attention for injuries suffered 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 Lemay, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Lemay, 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 Lemay, 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 hurt 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 your injuries.
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 Lemay, MO premises liability attorneys for the maximum financial recovery you deserve.
How Much Is My Lemay, MO Premises Liability Claim Worth?
The value of your claim depends on the financial, physical and emotional hardships your injuries cause. With experienced Lemay, MO premises liability attorneys, you cans secure compensation:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity 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 mostly on how serious your injuries are, the impact they've had on your life and the skill and experience of your Lemay, MO premises liability attorneys.
How Lemay, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer 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
- Gather 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
- 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 your physical recovery
- Negotiate the best possible settlement for you
- Take the liable party to court 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 Lemay, 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
Call Halvorsen Klote's Lemay, MO Premises Liability Attorneys Now
The notion of going up against a large insurance company can be daunting to a lot of people. 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 lives to offering injury victims the same expert legal representation as the people who injured them. If you were injured because of a Lemay, MO property owner's negligence, 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.