Premises Liability Attorneys Owensville, MO
Owensville, MO Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Review | Owensville, MO Slip and Fall Lawyers
Premises liability attorneys in Owensville, MO. Anyone who is in control of a property in Owensville, MO has a duty to take reasonable precautions to prevent injuries on the premises. Unfortunately, a lot of times they neglect that duty, and innocent people are injured through the property owner's negligence. If you or a loved one was injured on someone else's property, you need experienced Owensville, 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 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 consultation.
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.
The laws in each state are largely similar: A property owner has an obligation to inform people of or repair a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they are responsible for any injuries suffered because of the dangerous condition.
The states are different in one key aspect, and it concerns the duty of care property owners must give different kinds of visitors.
Types of Visitors in Owensville, MO Premises Liability Cases
The law distinguishes 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 a customer in a retail store 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 hazards they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's consent, but for personal, non-business reasons. These can be social guests, but the law might apply to someone who came into a store just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of – not ones they "should have known about.
- 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:
- 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 conduct." 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, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, ladders or power tools. In this instance, the family of the child may still sue the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Owensville, 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 owe you a duty of care to prevent unreasonable risks of injury? The degree of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, that constitutes a violation of that responsibility. That could mean not mopping up a wet spot on the floor, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not be able to show that the property owner was negligent. Likewise, if you didn't see warning signs because you were looking at your phone, you might not have a valid claim.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show financial harm, including lost wages and medical expenses, to make a claim for emotional harm and pain and suffering. 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 Owensville, 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, don't hesitate to speak to one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Cases in Owensville, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls account 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
Negligent Security often occurs in apartment complexes, 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 requiring a code to enter the premises. Generally, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually need to take civil legal action – with the assistance 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 fatalities in children under the age of five. Public swimming pools need to be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, an estimated 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 Owensville, MO premises liability attorneys will help you secure justice and maximum compensation.
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 Owensville, 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 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 not properly secured, you can file a lawsuit against the construction company.
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 Owensville, MO premises liability attorneys for the full financial recovery you're entitled to.
What Compensation Can I Recover For My Owensville, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and mental hardships your accident caused. With skilled Owensville, MO premises liability attorneys, you cans secure compensation:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential if you can no longer work
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, physical impairment, scarring and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, how they have affected your life and the skill and experience of your Owensville, MO premises liability attorneys.
The Role of Your Owensville, MO Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance logs, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call and answer any question you may have
- Handle all documentation and litigation 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 Owensville, MO 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 Owensville, MO Premises Liability Attorneys Today
The thought 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 are owed. We've dedicated our careers to offering injury victims the same high-quality legal advocacy as the people who injured them. If you were injured because of a Owensville, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.
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.