Premises Liability Attorneys Marlborough, MO
Marlborough, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Marlborough, MO Slip and Fall Attorneys
Premises liability attorneys in Marlborough, MO. Anyone who is in control of a property in Marlborough, MO 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 knowledgeable Marlborough, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and everyday people every day. We fight for the injured in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Speak to our premises liability attorneys today 866-382-4167 or contact us online for a no-risk, no-obligation case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a duty to inform people of or repair a "dangerous condition" they either were aware 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 are different in one very important aspect, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Marlborough, 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 a customer in a retail store 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 a park 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. These can be social guests, but the law might apply to someone who came into a grocery store 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 hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still be liable 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 liable.
- Under the attractive nuisance principle, 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, trampolines or construction projects. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
Proving Your Premises Liability Claim in Marlborough, MO
With all personal injury claims, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the property owner or manager have a responsibility to prevent unreasonable risks of injury? 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 legally 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 mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you were running, it's likely not the property owner's fault. Likewise, if you didn't notice warning signs because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. 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 mentally. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Marlborough, MO premises liability attorneys have taken on, proven and won these types of cases before. 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 at no charge at 866-382-4167.
Most Common Premises Liability Claims in Marlborough, 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 number one reason people need to lose 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
These cases often arise in apartment complexes, 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 needing a code to enter the property. Typically, lawsuits for inadequate or negligent security occur 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 help 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 primary cause of fatalities in children under the age of five. Public swimming pools need to have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, more than 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electrician substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Marlborough, MO 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 Marlborough, 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 leaving debris around heating units.
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 hold the construction company liable for your injuries.
Whatever the nature of your specific injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Marlborough, MO premises liability attorneys for the best possible compensation you're entitled to.
How Much Are My Marlborough, MO Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With knowledgeable Marlborough, MO 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, physical impairment, scarring 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 abilities of your Marlborough, MO premises liability attorneys.
How Marlborough, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the best possible results
- Gather 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
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- 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 Marlborough, MO 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
Reach Out to Halvorsen Klote's Marlborough, MO Premises Liability Attorneys Today
The idea of going up against a powerful corporation can be daunting to a lot of people. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've dedicated our lives to offering the injured the same expert legal representation as powerful corporations and insurance companies. If you were injured because of a Marlborough, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us online for a no-risk, no-obligation case review.