Premises Liability Attorneys Potosi, MO
Potosi, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Review | Potosi, MO Slip and Fall Lawyers
Premises liability attorneys in Potosi, MO. Anyone who owns or operates a property in Potosi, MO has an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people who did nothing wrong get hurt. When that happens, you need experienced Potosi, 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 take cases in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a free consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has a responsibility 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 sustained as a result of the poorly maintained property.
The states do differ in one key way, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Potosi, MO Premises Liability Cases
The law differentiates between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include people dining at a restaurant or hotel guests. 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.
- Licensees — A licensee is someone who has the permission of the property owner to be on the premises, but for personal, non-business reasons. These can be social guests, but the law might apply to someone who stopped into a store just to ask for directions. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without consent 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 to get compensated for their injuries. There are a couple of 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 conduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held responsible.
- Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, ladders or old appliances. In this instance, the family of the child may still sue the landowner for the child's injuries.
How Do I Prove a Premises Liability Claim in Potosi, 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 responsibility to keep you from unreasonable harm? 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 duty, that constitutes a violation of that obligation. 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 directly cause your injuries? If you fell because you were running, it's likely not the property owner's fault. Similarly, if you didn't observe 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 dangerous condition.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show financial harm, such as lost wages and medical bills, to get a financial recovery 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 Potosi, MO premises liability attorneys have proven numerous premises liability claims. If you want to discuss your case, 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.
Types of Premises Liability Accidents in Potosi, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. 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 cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, 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 this could include a doorman or requiring a code to enter the property. Generally, 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 file a civil lawsuit – with the help 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 usually happen to children. Drowning is the leading cause of fatalities in children under the age of five. Public swimming pools must 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 sustained 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 they didn't and you ended up injured, our Potosi, 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 Potosi, 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 sprinkler systems.
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 hold the construction company liable 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 Potosi, MO premises liability attorneys for the best possible financial recovery you deserve.
What Compensation Can I Receive For My Potosi, MO Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and mental toll your injuries cause. With knowledgeable Potosi, MO premises liability attorneys, you cans secure compensation:
- 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, emotional distress, disability, disfigurement 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 abilities of your Potosi, MO premises liability attorneys.
How Potosi, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, the role of a lawyer is essential. As part of our legal services, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy to prove negligence
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be and keep you up-to-date on the status of your claim
- Handle all documentation and litigation so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury 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 Potosi, 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
Reach Out to Halvorsen Klote's Potosi, MO Premises Liability Attorneys Now
The notion of having to fight back against a powerful corporation can be daunting to many. 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 committed our careers to helping the average person get the same high-quality legal representation as the people who injured them. If you were injured on someone else's property in Potosi, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation case review.