Premises Liability Attorneys Madison, IL
Madison, IL Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Consultation | Madison, IL Slip and Fall Attorneys
Premises liability attorneys in Madison, IL. Property managers in Madison, IL have 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 innocent people are injured through the property owner's negligence. When that happens, you need experienced Madison, IL premises liability attorneys to get you the maximum compensation you're entitled to. At Halvorsen Klote, our attorneys are dedicated 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 so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or contact us through our website for a free case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws for both states.
Both states treat premises liability almost equally: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either were aware of or should have known of through reasonable maintenance. If they don't, they can be held liable for any injuries sustained as a result of the poorly maintained property.
The states do differ in one very important 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 whose presence on the property benefits the property owner or manager. This can include a customer in a retail store or hotel guests. A public invitee is someone on property that the public can access, such as 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 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 a restaurant just to ask for directions. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for dangers they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site illegally. 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 a couple of 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 conduct." 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, property owners may be liable if a child gets hurt while trespassing. 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. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
Do I Have a Premises Liability Claim in Madison, IL?
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the landowner have an obligation to prevent unreasonable risks of injury? The degree of the property owner's or manager's responsibility to keep you safe 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, that constitutes a breach of that obligation. That could mean not mopping up a wet spot on the floor, or not roping off a area of the property that isn't safe.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Likewise, if you didn't see 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 dangerous condition.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show financial harm, such as lost wages and medical bills, to make a claim for how the injury impacted you physically and mentally. If you sustained a minor cut, but did not suffer any financial loss, 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, don't hesitate to speak to one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Madison, IL
Slip and Falls
Falling is the number one most common nonfatal preventable injury. 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
These cases often arise in apartment buildings, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include a doorman or needing a keycard to enter the building. Generally, inadequate 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 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 leading cause of fatalities in children between the ages of one and four. Public swimming pools must be properly supervised, 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, electric shocks substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Madison, IL premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
There are strict laws for smoke detectors and fire exits in public, private and business 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 doors or escape routes to leaving debris around heating units.
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 not properly secured, you can hold the construction company liable for your injuries.
However you suffered your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Madison, IL premises liability attorneys for the full financial recovery you deserve.
What Compensation Can I Recover For My Madison, IL Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and mental hardships your accident caused. With knowledgeable Madison, IL 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, mental anguish, disability, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, how they have affected your life and the abilities of your Madison, IL premises liability attorneys.
What Our Madison, IL Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, the role of a lawyer is essential. 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
- Acquire evidence, including maintenance logs, inspections, previous complaints filed and/or video footage
- Interview 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 the legal aspects of your claim so you can focus on healing
- Negotiate a settlement on your behalf
- Take the defendant 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 Madison, IL 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 Madison, IL Premises Liability Attorneys Now
The thought of having to fight back against a large corporation can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've committed our practice to helping the average person get the same high-quality legal representation as the people who injured them. If you were injured on someone else's property in Madison, IL, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary 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.