O’Fallon, IL

Premises Liability Attorneys O'Fallon, IL

O'Fallon, IL Personal Injury Law Firm


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Premises liability attorneys in O'Fallon, IL. Property managers in O'Fallon, IL have a duty to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they fail in that responsibility, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need experienced O'Fallon, IL 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 everyday people every day. 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 free case review.

Premises Liability Attorneys O'Fallon, IL | Slip and Fall Lawyers | Personal Injury Lawyer Near O'Fallon

What Are the Premises Liability Laws in Missouri and Illinois?

Missouri Revised Statute §537.348 and the Illinois Premises Liability Act dictate the premises liability laws for both states.

Both states treat premises liability almost equally: A property owner has a responsibility to warn against or repair a "dangerous condition" they either knew of or should have known of through reasonable diligence. If they neglect that responsibility, they are responsible for any injuries suffered because of the dangerous condition.

The states do differ in one key way, related to the duty of care owed to different categories of visitors.

Types of Visitors in O'Fallon, IL Premises Liability Cases

The law differentiates between three types of visitors in premises liability claims:

  1. Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be people dining at a restaurant 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 is on the property with the owner's permission, but the owner doesn't get any express benefit from their presence. a party guest, but the law might apply to someone who came into a store just to ask for directions. 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; the "should have known" standard doesn't apply when a licensee is injured.
  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 sue the property owner to get compensated for their injuries. There are two exceptions:
    1. Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner 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 be there because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
    2. Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or construction projects. In this instance, the child and their family can make a claim for compensation.

Do I Have a Premises Liability Claim in O'Fallon, IL?

In any personal injury case, you must prove the four elements of negligence:

  1. Duty of care — Did the property owner or manager have an obligation to prevent unreasonable risks of injury? The degree of a landowner's responsibility to keep you safe 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.
  2. Breach of duty — If they neglect their duty, property owners are considered to have breached their duty. That could mean not fixing a broken staircase, or not putting a "wet floor" sign out.
  3. Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Likewise, if you didn't notice an obvious hazard because you weren't looking where you were going, you might not be able to make a claim.
  4. Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show financial loss, such as lost wages and medical expenses, to get a financial recovery 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 O'Fallon, IL 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, don't hesitate to speak to one of our attorneys at no charge at 866-382-4167.

Premises Liability Attorneys O'Fallon, IL | Personal Injury Law Firm | Slip and Fall Lawyer Near O'Fallon

Most Common Premises Liability Claims in O'Fallon, IL

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:

  • Slippery floors
  • Broken staircases, handrails or floors
  • Ice or snow
  • Loose wiring
  • Uneven flooring, rugs or carpeting

Negligent Security

These cases often arise in apartment buildings, 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 proper security could include security guards or needing a keycard to enter the building. Typically, inadequate security claims are filed 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 file a civil lawsuit – 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 are most common in children. Drowning is the primary cause of death to children under the age of five. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.

In 2016, roughly 30,900 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our O'Fallon, IL premises liability attorneys will help you secure justice and a full financial recovery.

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 O'Fallon, IL 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 Accidents

Construction sites need to 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 accountable for premises liability.

Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's O'Fallon, IL premises liability attorneys for the maximum compensation you are owed.

How Much Is My O'Fallon, IL Premises Liability Claim Worth?

How much your injuries worth depends on the economic, physical and emotional toll your injuries cause. With knowledgeable O'Fallon, IL 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, emotional distress, disability, scarring and loss of consortium

How much your premises liability claim is worth will be based on how serious your injuries are, the impact they've had on your life and the abilities of your O'Fallon, IL premises liability attorneys.

The Role of Your O'Fallon, IL Premises Liability Attorneys

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 most compensation possible
  • Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
  • Interview witnesses, employees or others who may have knowledge of the hazard
  • 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 healing
  • Negotiate a settlement on your behalf
  • Represent you in 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 O'Fallon, IL include:

Premises Liability Attorneys O'Fallon, IL | Slip and Fall Lawyers | Personal Injury Attorney Near O'Fallon

Call Halvorsen Klote's O'Fallon, IL Premises Liability Attorneys Now

The idea of going up against a large insurance company can be daunting to a lot of people. 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 dedicated our lives to helping the average person get the same excellent legal representation as the people who injured them. If you were injured on someone else's property in O'Fallon, IL, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case evaluation.


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.