Premises Liability Attorneys O'Fallon, MO
O'Fallon, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Evaluation | O'Fallon, MO Slip and Fall Attorneys
Premises liability attorneys in O'Fallon, MO. Anyone who is in control of a property in O'Fallon, MO has a responsibility to take reasonable steps to prevent injuries on the premises. Unfortunately, a lot of times they neglect that duty, and innocent people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need dedicated O'Fallon, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same excellent legal advocacy as large corporations and insurance companies. 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 contact us through our website for a complimentary 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.
Both states treat premises liability fairly similarly: A property owner has an obligation to inform people of or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable diligence. If they don't, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one very important aspect, and it concerns the duty of care owed to different kinds of visitors.
Types of Visitors in O'Fallon, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include people dining at a restaurant or someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, for example recreational areas or a library. Property owners 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 is on the property with the owner's consent, but to the benefit of either solely the licensee or neither 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 can only be held accountable for hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property 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:
- 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 misconduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, 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, trampolines or power tools. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the property owner or manager for the child's injuries.
How Do I Prove a Premises Liability Claim in O'Fallon, MO?
With all personal injury claims, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the property owner or manager have an obligation to protect you from unreasonable dangers? 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.
- Breach of duty — If they fail in their obligation, property owners are considered to have breached their duty. That could mean not repairing a broken staircase, or not roping off a area of the property that has a dangerous condition.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you had improper footwear for the area, 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, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show economic harm, such as lost wages and medical bills, to make a claim for how the injury impacted you physically and mentally. If you sustained a few bumps and scrapes, but didn't need medical attention or miss any time off work, you likely do not have enough to make a case.
Halvorsen Klote's O'Fallon, 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, don't hesitate to speak to one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Cases in O'Fallon, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls account for over one million emergency room visits a year, 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 cords
- Uneven flooring, rugs or carpeting
Negligent Security
Inadequate Security often occurs 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 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 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 primary cause of fatalities in children between one and four years old. Public swimming pools must have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, approximately 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our O'Fallon, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local O'Fallon, MO laws are strict 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, 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 poor handling of flammabale materials to missing or broken smoke alarms.
Construction Accidents
Construction companies have a duty 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 premises liability.
However you suffered your injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's O'Fallon, MO premises liability attorneys for the full financial recovery you are owed.
How Much Is My O'Fallon, MO Premises Liability Claim Worth?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With experienced O'Fallon, 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, emotional distress, physical impairment, 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, MO premises liability attorneys.
The Role of Your O'Fallon, MO 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 come up with a legal strategy that gets you the best possible results
- Obtain evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may be familiar with the hazard
- 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 your physical recovery
- Negotiate the best possible settlement for you
- Take the liable party 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 O'Fallon, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- 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
Reach Out to Halvorsen Klote's O'Fallon, MO Premises Liability Attorneys Today
The notion of having to fight back against a powerful insurance company can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've dedicated our lives to helping the average person get the same expert legal advocacy as the people who injured them. If you were injured because of a O'Fallon, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case evaluation.
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
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.
