Premises Liability Attorneys Oakville, MO
Oakville, MO Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Evaluation | Oakville, MO Slip and Fall Law Firm
Premises liability attorneys in Oakville, MO. Anyone who is in control of a property in Oakville, MO has a duty to ensure their property is reasonably safe for patrons. But too often, they neglect that duty, and innocent people are injured through the property owner's negligence. When that happens, you need dedicated Oakville, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and everyday people every day. 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 free case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability almost equally: A property owner has a responsibility to warn against or fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they are responsible for any injuries sustained as a result of the dangerous condition.
The states are different in one very important aspect, and it concerns the duty of care owed to different types of visitors.
Types of Visitors in Oakville, MO Premises Liability Cases
The law distinguishes between three classes 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 be a customer in a retail store or residents in an apartment complex. A public invitee is someone on property that the public can access, for example a park or a library. Those in control of the property can be held accountable 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. This can mean a friend coming over for dinner, but the law might apply to someone who came into a grocery store just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same protections as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two 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 created or maintained a hazardous condition because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- 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, trampolines or old appliances. In this instance, the family of the child may still sue the landowner for the child's injuries.
Proving Your Premises Liability Claim in Oakville, MO
In any personal injury case, you must prove the four elements of negligence:
- 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 whether you're a invitee, licensee or trespasser and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their obligation, that constitutes a breach of that duty. That could mean not fixing a broken railing, or not roping off a section that has a dangerous condition.
- Causation — Did the dangerous condition cause or contribute to 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 see an obvious hazard because you were looking at your phone, you might not be able to make a claim.
- Damages — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial loss, such as lost wages and medical bills, to get compensation for how the injury impacted you physically and mentally. If you sustained a minor cut, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Oakville, 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 Cases in Oakville, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible 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:
- 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, office buildings 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 building. Typically, lawsuits for inadequate or negligent security are filed after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll typically need to file a civil lawsuit – 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 usually happen to children. Drowning is the primary cause of fatalities in children under the age of five. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Oakville, MO premises liability attorneys will help you secure justice and maximum compensation.
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 Oakville, 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 companies have a responsibility to keep their construction zones safe. If you were injured 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 file a lawsuit against the construction company.
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 Oakville, MO premises liability attorneys for the maximum financial recovery you're entitled to.
What Compensation Can I Recover For My Oakville, MO Premises Liability Injuries?
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 skilled Oakville, MO premises liability attorneys, you cans secure compensation:
- 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, disability, scarring and loss of consortium
How much money you get in your premises liability settlement depends largely on how serious your injuries are, how they have affected your life and the skill and experience of your Oakville, MO premises liability attorneys.
How Oakville, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is paramount. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance logs, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may have knowledge of the dangerous condition
- Answer the phone when you call and answer any question you may have
- Handle all the legal aspects of your claim so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the fight in front of a judge and jury 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 Oakville, MO include:
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
Speak to Halvorsen Klote's Oakville, MO Premises Liability Attorneys Now
The thought of going up against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've committed our practice to helping the average person get the same expert legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Oakville, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary case evaluation.