Premises Liability Attorneys New Florence, MO
New Florence, MO Personal Injury Lawyers
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Premises liability attorneys in New Florence, MO. Property managers in New Florence, MO have a duty to take reasonable precautions to prevent injuries on the premises. But too often, they fail in that responsibility, and good people are injured through the property owner's negligence. If you or a loved one was injured on public or private property, you need dedicated New Florence, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed 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 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?
The laws in each state are largely similar: A property owner has a responsibility to warn against or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they fail in that obligation, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one key way, and it concerns the duty of care owed to different kinds of visitors.
Types of Visitors in New Florence, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises 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, for example a park or a library. Property owners are liable 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 consent, but to the benefit of either solely the licensee or neither of them. This can mean a family member staying at your house, but the law might apply to someone who stopped into a restaurant 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 hazards they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without consent of the property owner. Because of that, they do not have the same rights as people that are allowed to be there, meaning they can't sue the property owner to get compensated for their injuries. 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 to injure a trespasser, they can still be held accountable.
- Under the attractive nuisance theory, 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, ladders 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 New Florence, MO
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the landowner have a responsibility to prevent unreasonable risks of injury? The extent of the property owner's or manager's duty of care depends on what kind of visitor you are and what state you're in. 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 duty. That could mean not repairing a broken railing, or not roping off a area of the property that isn't safe.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you had inappropriate footwear for conditions, it's likely not the property owner's fault. Similarly, if you didn't see an obvious hazard because you were looking at your phone, the property owner may argue that you were injured because you were distracted, not because of the dangerous condition.
- Damages — In order to make a claim, you need 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 get compensation for emotional harm and pain and suffering. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's New Florence, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to see if you have a 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.
Types of Premises Liability Cases in New Florence, MO
Slip and Falls
Falling is accounts for 33% 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Negligent Security often arises in apartment complexes, offices 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 premises. Generally, lawsuits for inadequate or negligent security occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to take civil legal action – with the aid 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 death to children between the ages of one and four. Public swimming pools must have lifeguards, and fences and lifejacket rules should also be in place to help protect children.
In 2016, an estimated 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks poor designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our New Florence, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local New Florence, MO laws are stringent 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 New Florence, 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 sites 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 liable for your injuries.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's New Florence, MO premises liability attorneys for the full financial recovery you deserve.
What Compensation Can I Receive For My New Florence, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and emotional hardships your accident caused. With knowledgeable New Florence, MO premises liability attorneys, you'll be compensated for:
- Medical bills
- 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, emotional distress, physical impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, the impact they've had on your life and the abilities of your New Florence, MO premises liability attorneys.
How New Florence, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy to prove negligence
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may be familiar with the hazard
- Be available whenever you need us to be 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 the best possible settlement for you
- Represent you in 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 New Florence, 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
Speak to Halvorsen Klote's New Florence, MO Premises Liability Attorneys Today
The thought of having to fight back against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've committed our careers to helping the average person get the same expert legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in New Florence, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a no-risk, no-obligation case evaluation.