O’Fallon, MO

Premises Liability Attorneys O'Fallon, MO

O'Fallon, MO Personal Injury Law Firm


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Premises liability attorneys in O'Fallon, MO. Anyone who is in control of a property in O'Fallon, MO has a responsibility 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 experienced O'Fallon, 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 injury victims every day. We take cases in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary case review.

Premises Liability Attorneys O'Fallon, MO | 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 stipulate the premises liability laws in their respective state.

Both states treat premises liability fairly similarly: A property owner has a duty to warn against or repair a "dangerous condition" they either knew of or should have known of through reasonable care. If they neglect that obligation, they can be held liable for any injuries sustained because of the dangerous condition.

The states are different in one very important way, and it concerns the duty of care property owners must give different kinds of visitors.

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

The law differentiates 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 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, such as bike paths 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.
  2. Licensees — A licensee is someone who has the permission of the property owner to be on the premises, but the owner doesn't get any express benefit from their presence. This can mean a friend coming over for dinner, but the law might apply to someone who stopped into a restaurant just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for dangers they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
  3. Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
    1. According to 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 trespassers to get hurt, they can still be held responsible.
    2. 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 old appliances. In this instance, the child and their family can make a claim for a financial recovery.

Proving Your Premises Liability Claim in O'Fallon, MO

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

  1. Duty of care — Did the landowner have an obligation to prevent unreasonable risks of injury? The extent of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser and your jurisdiction. 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 mopping up a wet spot on the floor, or not roping off a area of the property that has a dangerous condition.
  3. Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you had inappropriate footwear for the area, you may not have a valid claim against the property owner. Similarly, if you didn't observe warning signs because you weren't looking where you were going, you might not be able to make a claim.
  4. Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic harm, such as lost wages and medical bills, to get a financial recovery for emotional distress and pain and suffering. 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 O'Fallon, MO premises liability attorneys have taken on, proven and won these types of cases before. 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.

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

Types of Premises Liability Accidents in O'Fallon, MO

Slip and Falls

Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible for over one million emergency room visits a year, and are the primary cause of lost 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

Inadequate Security

Inadequate 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 this could include a doorman or requiring a code to enter the property. Generally, inadequate security claims 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 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 the ages of one and four. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.

In 2016, approximately 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our O'Fallon, 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 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 faulty wiring or gas leaks to leaving debris around heating units.

Construction Accidents

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 hold the construction company responsible for premises liability.

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, MO premises liability attorneys for the full financial recovery you are owed.

How Much Are My O'Fallon, MO Premises Liability Injuries Worth?

How much your injuries worth depends on the economic, physical and mental toll your accident caused. With talented O'Fallon, MO premises liability attorneys, you cans secure a financial recovery:

  • Medical expenses
  • Lost wages from time spent recovering
  • Lost earning potential if your accident results in permanent disability
  • Out-of-pocket expenses, such as transportation to and from medical appointments
  • Noneconomic damages like pain and suffering, mental anguish, permanent impairment, disfigurement and loss of consortium

How much your premises liability claim is worth depends mostly 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, having a qualified lawyer on your side is essential. 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
  • Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
  • Interview witnesses, employees or others who may have knowledge of the dangerous condition
  • Be available whenever you need us to be 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
  • Take the fight to trial 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, MO include:

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

Reach Out to Halvorsen Klote's O'Fallon, MO Premises Liability Attorneys Today

The thought of having to fight back 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 deserve. We've devoted our lives to helping the average person get the same expert legal representation as the people who injured them. If you were injured on someone else's property in O'Fallon, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation 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.