Premises Liability Attorneys Linn, MO
Linn, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Case Review | Linn, MO Slip and Fall Lawyers
Premises liability attorneys in Linn, MO. Anyone who is in control of a property in Linn, MO has a responsibility to take reasonable measures to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they neglect that duty, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need knowledgeable Linn, MO premises liability attorneys to get you the maximum compensation you're entitled to. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and injury victims every day. We take cases 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 online for a complimentary 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.
The laws in each state are largely similar: A property owner has an obligation to inform people of or fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they fail in that duty, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one key way, related to the duty of care owed to different categories of visitors.
Types of Visitors in Linn, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- 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 bike paths or a library. Those in control of the property 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 to the benefit of either solely the licensee or neither of them. This can mean a family member staying at your house, but the law might apply to someone who stopped into a restaurant just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't sue the property owner to get compensated for their injuries. There are a couple of 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 misconduct." 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 present on the property that could be alluring to a child. Examples could be swimming pools, ladders or power tools. In this instance, the child and their family can make a claim for compensation.
What Do I Need to File a Premises Liability Claim in Linn, 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 an obligation to keep you from unreasonable hazards? The degree of the property owner's or manager's duty of care depends on what kind of visitor you are and your jurisdiction. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, property owners are considered to have breached their duty. That could mean not fixing a broken railing, or not roping off a section that isn't safe.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Likewise, if you didn't see an obvious hazard because you were looking at your phone, you might not be able to make a claim.
- Damages — In order to make a claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical expenses, to get a financial recovery for how the injury impacted you physically and mentally. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Linn, MO premises liability attorneys have proven numerous premises liability claims. 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 for free today at 866-382-4167.
Types of Premises Liability Accidents in Linn, MO
Slip and Falls
Falling is accounts for 33% 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Inadequate Security often occurs in apartment complexes, offices 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 requiring a keycard to enter the premises. Generally, negligent security claims occur 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 assistance 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 death to children between the ages of one and four. Public swimming pools must be properly supervised, and fences and lifejacket rules should also be in place to help protect children.
In 2016, an estimated 30,900 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Linn, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Linn, 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 Linn, 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 poor handling of flammabale materials to missing or broken sprinkler systems.
Construction sites must be coned or roped off with sufficient 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 Linn, MO premises liability attorneys for the best possible compensation you are owed.
What Compensation Can I Receive For My Linn, MO Premises Liability Injuries?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With skilled Linn, MO premises liability attorneys, you cans secure a financial recovery:
- Medical expenses
- 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, disability, scarring and loss of consortium
How much your premises liability injuries are worth depends mostly on the severity of your injuries, how they have affected your life and the skill and experience of your Linn, MO premises liability attorneys.
The Role of Your Linn, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of the dangerous condition
- 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 a settlement on your behalf
- 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 Linn, 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 Linn, MO Premises Liability Attorneys Today
The notion of having to fight back against a powerful corporation can be daunting to a lot of people. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've devoted our lives to helping the average person get the same expert legal advocacy as powerful corporations and insurance companies. If you were injured because of a Linn, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free consultation.
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.