Premises Liability Attorneys Moscow Mills, MO
Moscow Mills, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Consultation | Moscow Mills, MO Slip and Fall Attorneys
Premises liability attorneys in Moscow Mills, MO. Property owners in Moscow Mills, MO have an obligation to take reasonable measures to prevent injuries on the premises. But too often, they neglect that duty, and innocent people who did nothing wrong get hurt. When that happens, you need knowledgeable Moscow Mills, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same excellent legal representation as large corporations and insurance companies. We fight for the injured 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 fill out our online form for a no-risk, no-obligation consultation.
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 their respective state.
Both states treat premises liability fairly similarly: A property owner has an obligation to inform people of or repair a "dangerous condition" they either knew of or should have been aware of through reasonable diligence. If they don't, they can be held liable for any injuries sustained because of the dangerous condition.
The states are different in one key way, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Moscow Mills, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include people dining at a restaurant or residents in an apartment complex. 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 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 a store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the premises without permission of the property owner. Because of that, they do not have the same protections as invitees and licensees, meaning they can't make a claim for a financial recovery. There are two exceptions:
- According 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 created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held accountable.
- 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 old appliances. In this instance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in Moscow Mills, 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 duty to prevent unreasonable risks of injury? The degree of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, 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 putting a "wet floor" sign out.
- 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. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the hazard.
- 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 get a financial recovery for emotional harm and pain and suffering. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Moscow Mills, MO premises liability attorneys have taken on, proven and won these types of cases before. If you want to see if you have a case, 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 Lawsuit in Moscow Mills, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls account for 12% of total falls that lead to emergency room visits, and are the primary cause of lost 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
Inadequate Security
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 proper security could include a doorman or needing a keycard to enter the premises. Typically, inadequate security claims 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 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 leading cause of death to children under the age of five. Public swimming pools must be properly supervised, and fences and lifejacket rules should also be in place to help protect children.
In 2016, an estimated 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by 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 Moscow Mills, MO premises liability attorneys will help you secure justice and a full financial recovery.
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 Moscow Mills, 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 Accidents
Construction companies have a duty to keep their construction zones safe. 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 make a claim against the construction company.
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 Moscow Mills, MO premises liability attorneys for the maximum compensation you're entitled to.
What Compensation Can I Recover For My Moscow Mills, MO Premises Liability Injuries?
The value of your claim depends on the financial, physical and emotional toll your injuries cause. With knowledgeable Moscow Mills, MO premises liability attorneys, you cans secure a financial recovery:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, how they have affected your life and the skill and experience of your Moscow Mills, MO premises liability attorneys.
The Role of Your Moscow Mills, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and keep you up-to-date on the status of your claim
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Represent you in 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 Moscow Mills, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- 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
Call Halvorsen Klote's Moscow Mills, MO Premises Liability Attorneys Today
The idea of going up against a large insurance company can be intimidating. 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 dedicated our practice to helping the average person get the same excellent legal advocacy as the people who injured them. If you were injured because of a Moscow Mills, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us online for a free case review.
Joel Halvorsen
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.
Greg Klote
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.