Premises Liability Attorneys Osage Beach, MO
Osage Beach, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Review | Osage Beach, MO Slip and Fall Lawyers
Premises liability attorneys in Osage Beach, MO. Property managers in Osage Beach, MO have an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. If you or a loved one was injured on public or private property, you need knowledgeable Osage Beach, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to offering injury victims the same excellent legal advocacy as large corporations and insurance companies. We fight for the injured 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 no-risk, no-obligation 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 fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they can be held liable for any injuries suffered as a result of the poorly maintained property.
The states are different in one very important aspect, related to the duty of care owed to different categories of visitors.
Types of Visitors in Osage Beach, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include a customer in a retail store or residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, for example recreational areas or a library. Those in control of the property are liable for an invitee's injuries caused by hazards 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. a party guest, but the law might apply to someone who stopped into a store 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 – not ones they "should have known about.
- Trespassers — Trespassers are on the premises 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 make a claim to get compensated for their injuries. There are two exceptions:
- 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 accountable.
- Under the attractive nuisance principle, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, trampolines or old appliances. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the landowner for the child's injuries.
Proving Your Premises Liability Claim in Osage Beach, 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 the property owner's or manager's duty of care 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 neglect their obligation, 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.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Likewise, if you didn't notice an obvious hazard because you were looking at your phone, the property owner may argue that you were injured because you were distracted, not because of the hazard.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show economic harm, such as lost wages and medical expenses, to get compensation for emotional distress and pain and suffering. If you sustained a bruise, but didn't need medical attention or miss any time off work, you may not have a valid claim.
Halvorsen Klote's Osage Beach, 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 for free today at 866-382-4167.
Most Common Premises Liability Claims in Osage Beach, MO
Slip and Falls
Falling is the number one 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Negligent Security
Negligent Security often arises in apartment buildings, offices 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. Generally, 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 usually need to take civil legal action – 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 are most common in children. Drowning is the leading cause of fatalities in children between the ages of one and four. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, an estimated 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Osage Beach, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Osage Beach, 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 Osage Beach, 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 missing or broken smoke alarms.
Construction Accidents
Construction companies have a duty 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 dangerous, you can make a claim against the construction company.
However you sustained your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Osage Beach, MO premises liability attorneys for the maximum financial recovery you are owed.
How Much Is My Osage Beach, MO Premises Liability Claim Worth?
How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With knowledgeable Osage Beach, 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 hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, emotional distress, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on the severity of your injuries, how they have affected your life and the skill and experience of your Osage Beach, MO premises liability attorneys.
What Our Osage Beach, MO Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is crucial. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- 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 the best possible settlement for you
- Take the property owner or manager to 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 Osage Beach, 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
Speak to Halvorsen Klote's Osage Beach, MO Premises Liability Attorneys Now
The thought 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 careers to offering injury victims the same expert legal advocacy as the people who injured them. If you were injured because of a Osage Beach, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us online 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.
