Oakland, MO

Premises Liability Attorneys Oakland, MO

Oakland, MO Personal Injury Lawyers


Call 866-382-4167 for a No-risk, No-obligation Case Evaluation | Oakland, MO Slip and Fall Lawyers

Premises liability attorneys in Oakland, MO. Property owners in Oakland, MO have a responsibility to take reasonable steps to prevent people who enter the premises from becoming hurt. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need experienced Oakland, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to leveling the playing field between large corporations and insurance companies and injury victims every day. 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 no-risk, no-obligation case evaluation.

Premises Liability Attorneys Oakland, MO | Slip and Fall Lawyers | Personal Injury Lawyer Near Oakland

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 for both states.

The laws in each state are largely similar: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either knew of or should have known of through reasonable prudence. If they neglect 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 Oakland, MO Premises Liability Cases

The law distinguishes between invitees, licensees and trespassers:

  1. Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be a customer in a retail store or hotel guests. Invitees can also be considered people on property the public is allowed to be on, such as a park 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.
  2. 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 came into an establishment just to use the restroom. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for dangers they knew about – not ones they "should have known about.
  3. Trespassers — Trespassers are on the premises without consent of the property owner. Therefore, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
    1. 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 conduct." 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.
    2. Under the attractive nuisance theory, a child who is trespassing may be considered an invitee. 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. In this instance, the child and their family can make a claim for compensation.

How Do I Prove a Premises Liability Claim in Oakland, MO?

With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:

  1. Duty of care — Did the landowner owe you a duty of care to protect you from unreasonable dangers? The extent of a landowner's duty of care depends on whether you're a invitee, licensee or trespasser and what state you're in. Typically, anybody who is legally on the property is owed a duty of care.
  2. Breach of duty — If they fail in their duty, property owners are considered to have breached their duty. That could mean not repairing a broken railing, or not roping off a area of the property that isn't safe.
  3. Causation — Did the hazardous condition directly cause your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Similarly, if you didn't observe warning signs 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.
  4. 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 compensation for how the injury impacted you physically and emotionally. If you sustained a minor cut, but had no expenses due to your injury, you likely do not have enough to make a case.

Halvorsen Klote's Oakland, MO premises liability attorneys have proven numerous premises liability claims. If you want to discuss your case, or have questions about filing a personal injury lawsuit, don't hesitate to speak to one of our attorneys at no charge at 866-382-4167.

Premises Liability Attorneys Oakland, MO | Personal Injury Law Firm | Slip and Fall Lawyer Near Oakland

Types of Premises Liability Cases in Oakland, 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 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 wiring
  • Uneven flooring, rugs or carpeting

Negligent Security

These cases often arise in apartment complexes, office buildings 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 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 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 between one and four years old. Public swimming pools must be properly supervised, and fences 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. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electrician substandard designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Oakland, 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 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 Accidents

Construction zones 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 not properly secured, you can make a claim against the construction company.

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.

How Much Are My Oakland, MO Premises Liability Injuries Worth?

How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With talented Oakland, MO premises liability attorneys, you'll be compensated for:

  • Medical expenses
  • 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, mental anguish, disability, scarring and loss of consortium

How much money you get in your premises liability settlement depends largely on how serious your injuries are, the impact they've had on your life and the abilities of your Oakland, MO premises liability attorneys.

The Role of Your Oakland, MO Premises Liability Attorneys

When it comes to pursuing a premises liability case, the role of a lawyer is paramount. As part of our legal services, our 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 reports, inspections, proof of any previously files complaints and/or surveillance footage
  • Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
  • 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 healing
  • Negotiate the best possible settlement for you
  • Take the liable party 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 Oakland, MO include:

Premises Liability Attorneys Oakland, MO | Slip and Fall Lawyers | Personal Injury Attorney Near Oakland

Call Halvorsen Klote's Oakland, MO Premises Liability Attorneys Now

The thought of going up against a powerful insurance company can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've dedicated our lives to offering the injured the same excellent legal representation as powerful corporations and insurance companies. If you were injured because of a Oakland, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary consultation.


Joel Halvorsen

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

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.