Premises Liability Attorneys Potosi, MO
Potosi, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Potosi, MO Slip and Fall Lawyers
Premises liability attorneys in Potosi, MO. Property managers in Potosi, MO have an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and good 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 Potosi, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are committed 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. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary case review.
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 for both states.
Both states treat premises liability fairly similarly: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either knew of or should have been aware of through reasonable prudence. If they neglect that obligation, they are responsible for any injuries suffered because of the poorly maintained property.
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 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 be people dining at a restaurant or hotel guests. Invitees can also be considered people on property the public is allowed to be on, for example a park 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 has the permission of the property owner to be on the premises, but there is no express financial benefit to either of them. These can be social guests, but the law might apply to someone who stopped into a restaurant just to use the restroom. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site without consent of the property owner. Therefore, they do not have the same protections as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still owe compensation for a trespasser's injuries if the landowner acted with "willful and wanton misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance principle, property owners may 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 construction projects. If a child is injured by or because of an attractive nuisance, the family of the child may still sue the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Potosi, MO
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager owe you a duty of care to protect you from unreasonable hazards? 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. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their responsibility, that constitutes a breach of that obligation. That could mean not repairing a broken railing, 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 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 loss, including lost wages and medical bills, to get a financial recovery 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 Potosi, MO premises liability attorneys have proven numerous premises liability claims. 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 at no charge at 866-382-4167.
Types of Premises Liability Accidents in Potosi, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls are responsible for over one million emergency room visits a year, 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
Inadequate Security often occurs 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 this could include security guards or requiring a code to enter the building. Generally, lawsuits for inadequate or negligent security occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of 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 leading cause of death to children under the age of five. Public swimming pools need to be properly supervised, 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. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electrician structural issues. 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 poor handling of flammabale materials to leaving debris around heating units.
Construction companies have a responsibility 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 responsible for premises liability.
However you suffered your 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 maximum compensation you are owed.
How Much Are My Potosi, MO Premises Liability Injuries Worth?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional hardships your accident caused. With knowledgeable Potosi, MO premises liability attorneys, you cans secure a financial recovery:
- Medical bills
- 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, physical impairment, 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 skill and experience of your Potosi, MO premises liability attorneys.
What Our Potosi, MO Premises Liability Attorneys Can Do For You
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 accident and come up with a legal strategy that gets you the best possible results
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Take depositions from 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 the legal aspects of your claim so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the property owner or manager to 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 Potosi, 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 Potosi, MO Premises Liability Attorneys Today
The thought of having to fight back against a powerful insurance company can be daunting to a lot of people. But, if they or their policyholder caused you harm, you deserve full compensation. We've committed our practice to helping the average person get the same high-quality legal advocacy 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 contact us through our website for a no-risk, no-obligation case review.
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.