Premises Liability Attorneys Oakland, MO
Oakland, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Case Review | Oakland, MO Slip and Fall Lawyers
Premises liability attorneys in Oakland, MO. Property managers in Oakland, MO have a responsibility to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need dedicated Oakland, 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 take cases 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 free 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 their respective state.
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 known of through reasonable maintenance. If they don't, they can be held accountable for any injuries sustained because of the dangerous condition.
The states are different in one very important way, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Oakland, 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 people dining at a restaurant or someone shopping in a grocery store. Invitees can also be considered people on property the public is allowed to be on, 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 has the permission of the property owner to be on the premises, but there is no express financial benefit to either of them. This can mean a family member staying at your house, 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 had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site without consent of the property owner. Therefore, they do not have the same protections as the first two categories, meaning they can't sue the property owner to get compensated for their injuries. There are a couple of exceptions:
- Under the 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 to injure a trespasser, they can still be held liable.
- Under the attractive nuisance principle, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, trampolines or old appliances. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for a financial recovery.
How Do I Prove a Premises Liability Claim in Oakland, 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 owe you a duty of care to protect you from unreasonable hazards? The degree of the property owner's or manager'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, property owners are considered to have breached their duty. That could mean not repairing a broken railing, or not putting a "wet floor" sign out.
- 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 observe an obvious hazard because you weren't looking where you were going, you might not be able to make a claim.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic harm, including lost wages and medical expenses, to get a financial recovery for how the injury impacted you physically and mentally. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Oakland, MO premises liability attorneys have proven numerous premises liability claims. 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 Oakland, MO
Slip and Falls
Falling is the number one 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 cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include a doorman or needing a code to enter the premises. Typically, inadequate security claims 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 in order to get justice in the form of financial compensation.
Swimming Pool and Amusement Park Accidents
Swimming pool accidents usually happen to children. Drowning is the leading cause of fatalities in children under the age of five. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, more than 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Oakland, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Oakland, 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 Oakland, 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 need to 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 not properly secured, you can hold the construction company responsible for premises liability.
However you suffered your injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Oakland, MO premises liability attorneys for the best possible financial recovery you're entitled to.
What Compensation Can I Recover For My Oakland, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and emotional hardships your accident caused. With skilled Oakland, 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, permanent impairment, disfigurement and loss of consortium
How much your premises liability claim is worth will be based on the severity of your injuries, the impact they've had on your life and the skill and experience of your Oakland, MO premises liability attorneys.
How Oakland, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance logs, inspections, proof of any previously files complaints and/or video footage
- Interview 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 a settlement on your behalf
- Take the property owner or manager to 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 Oakland, 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 Oakland, MO Premises Liability Attorneys Now
The idea of going up against a powerful insurance company can be daunting to a lot of people. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've dedicated our practice to offering the injured the same expert legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Oakland, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form 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.