Premises Liability Attorneys Pevely, MO
Pevely, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Consultation | Pevely, MO Slip and Fall Attorneys
Premises liability attorneys in Pevely, MO. Property managers in Pevely, MO have an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and good people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need dedicated Pevely, MO premises liability attorneys to get you the full financial recovery you deserve. At Halvorsen Klote, our attorneys are devoted to leveling the playing field between large corporations and insurance companies and everyday people every day. 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?
Both states treat premises liability almost equally: A property owner has a responsibility to warn against or repair a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they can be held accountable 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 owed to different kinds of visitors.
Types of Visitors in Pevely, 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. A public invitee is someone on property that the public can access, for example a park 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 permission, but the owner doesn't get any express benefit from their presence. This can mean a friend staying at your house, but the law might apply to someone who came into an establishment 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" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without permission of the property owner. Therefore, they do not have the same rights as people that are allowed to be there, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Under the 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, 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 child and their family can make a claim for compensation.
Proving Your Premises Liability Claim in Pevely, MO
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the landowner have a duty to prevent unreasonable risks of injury? The degree of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their obligation, that constitutes a violation of that duty. That could mean not mopping up a wet spot on the floor, or not roping off a section that isn't safe.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Likewise, if you didn't see 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 dangerous condition.
- Damages — To have a valid claim, you have to have suffered harm. Usually, you need to show economic loss, including lost wages and medical bills, to make a claim 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 Pevely, MO premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a case, or have questions about filing a personal injury lawsuit, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Cases in Pevely, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible for 12% of total falls that lead to emergency room visits, 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 wiring
- Uneven flooring, rugs or carpeting
These cases often arise 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 adequate security could include security guards or needing a keycard to enter the premises. Typically, negligent security claims occur after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll typically 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 usually happen to children. Drowning is the primary cause of fatalities in children under the age of five. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who is in control of 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 Pevely, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Pevely, MO laws are stringent 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 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 poor handling of flammabale materials to missing or broken smoke alarms.
Construction companies have an obligation 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.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Pevely, MO premises liability attorneys for the full financial recovery you're entitled to.
How Much Are My Pevely, MO Premises Liability Injuries Worth?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and mental hardships your accident caused. With skilled Pevely, MO premises liability attorneys, you'll be compensated for:
- 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, emotional distress, permanent impairment, scarring 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 skill and experience of your Pevely, MO premises liability attorneys.
The Role of Your Pevely, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- Answer the phone when you call and answer any question you may have
- Handle all documentation and litigation so you can focus on your physical recovery
- 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 Pevely, 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 Pevely, MO Premises Liability Attorneys Now
The idea of having to fight back against a powerful insurance company can be daunting to many. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've committed our lives to offering the injured the same excellent legal advocacy as the people who injured them. If you were injured because of a Pevely, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case review.