Premises Liability Attorneys Pevely, MO
Pevely, MO Personal Injury Law Firm
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Premises liability attorneys in Pevely, MO. Anyone who is in control of a property in Pevely, MO has an obligation to take reasonable precautions to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and good people who did nothing wrong get hurt. When that happens, you need dedicated Pevely, MO premises liability attorneys to get you the full financial recovery you are owed. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same high-quality legal representation 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. Speak to our premises liability attorneys today 866-382-4167 or contact us online for a no-risk, no-obligation consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they don't, they are responsible for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Pevely, MO Premises Liability Cases
The law distinguishes between three classes of visitors in premises liability claims:
- 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 residents in an apartment complex. A public invitee is someone on property that the public can access, for example recreational areas or a library. Property owners 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 permission, 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, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Pursuant 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 conduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted to injure a trespasser, they can still be held liable.
- Under the attractive nuisance doctrine, property owners might be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, trampolines or old appliances. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in Pevely, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? The extent 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. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a breach 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 hazardous 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 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 — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, including lost wages and medical expenses, to make a claim for how the injury impacted you physically and emotionally. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Pevely, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to discuss your 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 Claims in Pevely, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible 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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings 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 needing a keycard to enter the building. Typically, lawsuits for inadequate or negligent security occur 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 file a civil lawsuit – 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 leading cause of fatalities in children between the ages of one and four. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 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 Pevely, 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 Pevely, 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 blocked exits to missing or broken smoke alarms.
Construction sites must be secured with obvious warning signage. 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 was negligent, call Halvorsen Klote's Pevely, MO premises liability attorneys for the full compensation you're entitled to.
How Much Are My Pevely, MO Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With experienced Pevely, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity 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, disability, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on the severity of your injuries, how they have affected your life and the abilities of your Pevely, MO premises liability attorneys.
How Pevely, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, the role of a lawyer is essential. As part of our legal services, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the dangerous condition
- Be available whenever you need us to be 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 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 Pevely, MO include:
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
Speak to Halvorsen Klote's Pevely, MO Premises Liability Attorneys Now
The thought of going up against a large insurance company can be daunting to many. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've committed our practice to offering injury victims the same expert legal advocacy as powerful corporations and insurance companies. If you were injured because of a Pevely, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a no-risk, no-obligation case evaluation.