Premises Liability Attorneys Nixa, MO
Nixa, MO Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Review | Nixa, MO Slip and Fall Attorneys
Premises liability attorneys in Nixa, MO. Property owners in Nixa, MO have a responsibility to take reasonable steps to prevent injuries on the premises. But too often, they neglect that duty, and innocent people are injured through no fault of their own. When that happens, you need knowledgeable Nixa, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same high-quality legal representation 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. Speak to our premises liability attorneys today 866-382-4167 or contact us through our website for a no-risk, no-obligation consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has an obligation to warn against or fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they fail in that obligation, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one key aspect, and it concerns the duty of care owed to different types of visitors.
Types of Visitors in Nixa, MO Premises Liability Cases
The law differentiates between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include a customer in a retail store or residents in an apartment complex. A public invitee is someone on property that the public can access, such as a park or a library. Property owners are liable 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 for personal, non-business reasons. a party guest, but the law might apply to someone who stopped 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 without consent of the property owner. Therefore, 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, property owners are not immune from liability if they acted with "willful and wanton misconduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted trespassers to get hurt, they can still be held accountable.
- Under the attractive nuisance doctrine, 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, ladders or power tools. In this instance, the child and their family can make a claim for a financial recovery.
What Do I Need to File a Premises Liability Claim in Nixa, MO?
With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner owe you a duty of care 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. 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, property owners are considered to have breached their duty. That could mean not fixing a broken staircase, 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 somebody ran into you, you may not have a valid claim against the property owner. Likewise, if you didn't notice warning signs because you weren't looking where you were going, you might not be able to make a claim.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show economic harm, including lost wages and medical expenses, to get compensation for emotional distress and pain and suffering. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Nixa, 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, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Accidents in Nixa, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible for over one million emergency room visits a year, and are the primary cause of lost 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
Negligent Security often occurs 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. Generally, 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 usually need to file a civil lawsuit – with the assistance 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 leading cause of fatalities in children between the ages of one and four. Public swimming pools must be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, approximately 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, electrician substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Nixa, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Nixa, 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 Nixa, 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 leaving debris around heating units.
Construction sites must be secured with obvious 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 accountable for premises liability.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Nixa, MO premises liability attorneys for the maximum compensation you deserve.
How Much Are My Nixa, MO Premises Liability Injuries Worth?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional toll your injuries cause. With knowledgeable Nixa, MO premises liability attorneys, you cans secure compensation:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer work
- 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, mental anguish, disability, scarring and loss of consortium
How much your premises liability injuries are worth will be based on how serious your injuries are, the impact they've had on your life and the skill and experience of your Nixa, MO premises liability attorneys.
What Our Nixa, MO Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, the role of a lawyer is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the best possible results
- Obtain evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the hazard
- Answer the phone when you call and answer any question you may have
- Handle all documentation and litigation 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 Nixa, 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 Nixa, MO Premises Liability Attorneys Now
The thought of going up against a large corporation 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 committed our practice to offering injury victims the same excellent legal advocacy as the people who injured them. If you were injured on someone else's property in Nixa, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary case evaluation.