Premises Liability Attorneys Moberly, MO
Moberly, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Evaluation | Moberly, MO Slip and Fall Lawyers
Premises liability attorneys in Moberly, MO. Anyone who owns or operates a property in Moberly, MO has an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need experienced Moberly, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same excellent legal advocacy 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. 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 stipulate the premises liability laws in each state.
The laws in each state are largely similar: 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 maintenance. If they neglect that responsibility, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Moberly, MO Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include people dining at a restaurant or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as a park or a library. Those in control of the property can be held accountable for an invitee's injuries caused by dangers 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 friend coming over for dinner, but the law might apply to someone who came into a grocery store just to use the restroom. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises illegally. Therefore, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are two 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, property owners might 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 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 Moberly, MO
In any personal injury case, 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 protect you from unreasonable dangers? 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, that constitutes a breach of that responsibility. 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 dangerous condition directly cause your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Likewise, if you didn't notice an obvious hazard because you were looking at your phone, you might not have a valid claim.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show economic harm, including lost wages and medical expenses, to make a claim for how the injury affected you physically and mentally. If you sustained a minor cut, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Moberly, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you have any doubts about the validity of your claim, 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.
Types of Premises Liability Cases in Moberly, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. 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
These cases often arise 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 needing a keycard to enter the premises. Typically, lawsuits for inadequate or negligent security occur 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 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 are most common in children. Drowning is the primary cause of fatalities in children between one and four years old. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who is in control of 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 Moberly, 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 Moberly, 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 faulty wiring or gas leaks 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 dangerous, you can hold the construction company responsible for premises liability.
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 Moberly, MO premises liability attorneys for the full compensation you are owed.
What Compensation Can I Receive For My Moberly, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and emotional hardships your injuries cause. With knowledgeable Moberly, 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 make a living as you used to, or have to work less hours
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, permanent impairment, disfigurement and loss of consortium
How much your premises liability injuries are worth depends largely on the severity of your injuries, the impact they've had on your life and the skill and experience of your Moberly, MO premises liability attorneys.
What Our Moberly, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is essential. Your Halvorsen Klote 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, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may be familiar with the hazard
- 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
- Take the property owner or manager 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 Moberly, 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
Reach Out to Halvorsen Klote's Moberly, MO Premises Liability Attorneys Today
The thought of having to fight back against a large insurance company can be daunting to a lot of people. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our careers to helping the average person get the same high-quality legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Moberly, MO, call our premises liability attorneys today at 866-382-4167 or contact us online 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.