Premises Liability Attorneys O'Fallon, IL
O'Fallon, IL Personal Injury Lawyers
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Premises liability attorneys in O'Fallon, IL. Property owners in O'Fallon, IL have a responsibility to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and good people who did nothing wrong get hurt. When that happens, you need dedicated O'Fallon, IL premises liability attorneys to get you the full financial recovery you're entitled to. 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 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 complimentary case evaluation.
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 in their respective state.
Both states treat premises liability fairly similarly: A property owner has an obligation to warn against or repair a "dangerous condition" they either were aware of or should have been aware of through reasonable maintenance. If they fail in that duty, they can be held liable for any injuries sustained as a result of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in O'Fallon, IL Premises Liability Cases
The law distinguishes 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 include 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, such as a park or a library. Those in control of the property 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 there is no express financial benefit to either of them. a party guest, but the law might apply to someone who stopped into a restaurant just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without permission of the property owner. Because of that, they do not have the same protections as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still owe compensation for a trespasser's injuries if the landowner 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.
- Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, trampolines or power tools. In this instance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in O'Fallon, IL
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the property owner or manager have a responsibility to keep you from unreasonable hazards? 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. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, that constitutes a breach of that responsibility. That could mean not repairing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you had improper footwear for conditions, you may not be able to show that the property owner was negligent. Similarly, if you didn't see warning signs because you were looking at your phone, you might not be able to make a claim.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial loss, such as 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 may not have a valid claim.
Halvorsen Klote's O'Fallon, IL premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, call one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in O'Fallon, IL
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. 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 often arises in apartment buildings, 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 security guards or requiring a code to enter the property. Typically, lawsuits for inadequate or negligent security are filed after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to take civil legal action – with the help 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 are most common in children. Drowning is the primary cause of death to children between one and four years old. Public swimming pools need to have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, more than 30,000 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 operates a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our O'Fallon, IL premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local O'Fallon, IL 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 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 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 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 liable for your injuries.
Whatever the nature of your specific injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's O'Fallon, IL premises liability attorneys for the best possible financial recovery you deserve.
What Compensation Can I Receive For My O'Fallon, IL Premises Liability Injuries?
The value of your claim depends on the economic, physical and emotional toll your accident caused. With talented O'Fallon, IL premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity 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, disfigurement and loss of consortium
How much money you get in your premises liability settlement 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 paramount. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the best possible results
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or video 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 the legal aspects of your claim so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Represent you in 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 O'Fallon, IL 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 O'Fallon, IL Premises Liability Attorneys Now
The idea of going up against a large corporation 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 are owed. We've devoted our lives to helping the average person get the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in O'Fallon, IL, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary case review.
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.