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 Lawyers
Premises liability attorneys in Marlborough, MO. Property managers in Marlborough, MO have an obligation to take reasonable steps to prevent injuries on the premises. Unfortunately, a lot of times they neglect that duty, and good people who did nothing wrong get hurt. When that happens, you need dedicated Marlborough, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same standard of legal advocacy as large corporations and insurance companies. We fight for the injured 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 complimentary case review.
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 each state.
Both states treat premises liability fairly similarly: A property owner has an obligation to warn against or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable prudence. If they don't, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Marlborough, MO Premises Liability Cases
The law differentiates 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 be a customer in a retail store or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as bike paths 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 has the permission of the property owner to be on the premises, but the owner doesn't get any express benefit from their presence. This can mean a family member coming over for dinner, but the law might apply to someone who came into a store just to ask for directions. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Because of that, they do not have the same protections as the first two categories, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable for a trespasser's injuries if the landowner acted with "willful and wanton conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- 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, trampolines or old appliances. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Marlborough, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to protect you from unreasonable dangers? The degree of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they neglect their responsibility, that constitutes a violation of that responsibility. That could mean not repairing a broken staircase, or not roping off a section that isn't safe.
- 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 were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid 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 expenses, to get a financial recovery for how the injury affected 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 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 for free today at 866-382-4167.
Types of Premises Liability Cases in Marlborough, MO
Slip and Falls
Falling is accounts for a third 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 wiring
- Uneven flooring, rugs or carpeting
Negligent Security often occurs in apartment buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or needing a code to enter the premises. Typically, lawsuits for inadequate or negligent security 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 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 one and four years old. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people went to the emergency room for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks structural issues. 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 help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Marlborough, MO laws are strict 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 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 blocked exits to missing or broken sprinkler systems.
Construction zones must be coned or roped off with sufficient warning signage. If you were injured 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 responsible for premises liability.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Marlborough, MO premises liability attorneys for the best possible compensation you deserve.
How Much Are My Marlborough, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional toll your injuries cause. With talented Marlborough, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if your accident results in permanent disability
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, disability, scarring and loss of consortium
How much your premises liability injuries are worth will be based on the severity of your injuries, how they have affected your life and the skill and experience of your Marlborough, MO premises liability attorneys.
What Our Marlborough, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is crucial. As part of our legal representation, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the most compensation possible
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from 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 the best possible settlement for you
- Take the defendant 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 Marlborough, 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 Marlborough, MO Premises Liability Attorneys Today
The idea of having to fight back against a large insurance company can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've dedicated our practice to helping the average person get the same excellent 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 through our website 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.