Premises Liability Attorneys Madison, IL
Madison, IL Personal Injury Law Firm
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Premises liability attorneys in Madison, IL. Anyone who is in control of a property in Madison, IL has an obligation to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through the property owner's negligence. When that happens, you need experienced Madison, IL premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same standard of 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 fill out our online form for a free 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 a duty to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they neglect that duty, they are responsible for any injuries suffered because of the dangerous condition.
The states do differ in one key way, related to the duty of care owed to different types of visitors.
Types of Visitors in Madison, IL Premises Liability Cases
The law differentiates 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 include people dining at a restaurant or hotel guests. A public invitee is someone on property that the public can access, such as recreational areas 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 is on the property with the owner's permission, but to the benefit of either solely the licensee or neither of them. This can mean a family member coming over for dinner, but the law might apply to someone who stopped into an establishment just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights as the first two categories, meaning they can't make a claim for a financial recovery. 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 conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted trespassers to get hurt, they can still be held accountable.
- Under the attractive nuisance principle, property owners may 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 construction projects. In this instance, the family of the child may still make a claim against the landowner for the child's injuries.
How Do I Prove a Premises Liability Claim in Madison, IL?
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner owe you a duty of care to keep you from unreasonable harm? The degree of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser and what state you're in. Typically, anybody who is allowed to be 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 mopping up a wet spot on the floor, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you had improper footwear for the area, it's likely not the property owner's fault. Likewise, if you didn't observe an obvious hazard because you were looking at your phone, the property owner may argue that you were injured because you were distracted, not because of the hazard.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic harm, such as lost wages and medical expenses, to make a claim for how the injury affected you physically and emotionally. If you sustained a few bumps and scrapes, but didn't need medical attention or miss any time off work, you likely do not have enough to make a case.
Halvorsen Klote's Madison, IL 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 Accidents in Madison, IL
Slip and Falls
Falling is accounts for 33% 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Negligent Security often occurs in apartment buildings, 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 adequate security could include security guards or needing a keycard to enter the building. Typically, negligent 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 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 fences and lifejacket rules should also be in place to help protect children.
In 2016, more than 30,000 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electrician structural issues. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Madison, IL premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Madison, IL 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 Madison, IL 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 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 not properly secured, you can hold the construction company liable 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 Madison, IL premises liability attorneys for the full compensation you deserve.
What Compensation Can I Receive For My Madison, IL Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and mental hardships your accident caused. With skilled Madison, IL premises liability attorneys, you cans secure a financial recovery:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity if you can no longer work
- 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, disability, disfigurement and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, the impact they've had on your life and the skill and experience of your Madison, IL premises liability attorneys.
How Madison, IL Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is essential. As part of our legal representation, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy to prove negligence
- Acquire evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call 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 Madison, IL 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
Call Halvorsen Klote's Madison, IL 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, nothing should be able to keep you from getting the financial recovery you are owed. We've committed our careers to helping the average person get the same expert legal advocacy as the people who injured them. If you were injured because of a Madison, IL property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us online for a free case evaluation.