Premises Liability Attorneys Rock Hill, MO
Rock Hill, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Evaluation | Rock Hill, MO Slip and Fall Law Firm
Premises liability attorneys in Rock Hill, MO. Anyone who owns or operates a property in Rock Hill, MO has an obligation to take reasonable steps to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need knowledgeable Rock Hill, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same standard of legal representation as large corporations and insurance companies. 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 contact us online for a complimentary case evaluation.
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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 a duty 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 fail in that obligation, they are responsible for any injuries sustained as a result of the dangerous condition.
The states do differ in one very important way, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Rock Hill, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include people dining at a restaurant or hotel guests. A public invitee is someone on property that the public can access, for example recreational areas 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. a party guest, but the law might apply to someone who stopped into a restaurant 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; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property illegally. Therefore, 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 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 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 doctrine, 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, 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 landowner for the child's injuries.
Proving Your Premises Liability Claim in Rock Hill, MO
With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the property owner or manager have a responsibility to prevent unreasonable risks of injury? The extent of a landowner's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they neglect their obligation, 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 dangerous condition cause or contribute to your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Similarly, if you didn't notice warning signs 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 — In order to make a claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, such as lost wages and medical expenses, to get compensation for emotional distress and pain and suffering. If you sustained a minor cut, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Rock Hill, 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, don't hesitate to speak to one of our attorneys at no charge at 866-382-4167.
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Most Common Premises Liability Lawsuit in Rock Hill, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls account 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
Inadequate Security
These cases often arise in apartment buildings, 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 this could include a doorman or needing a code to enter the property. Typically, 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 typically need to take civil legal action – 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 are most common in children. Drowning is the leading cause of fatalities in children between the ages of one and four. Public swimming pools need to be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks structural issues. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Rock Hill, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Rock Hill, MO laws are strict 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 Rock Hill, 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 missing or broken smoke alarms.
Construction Accidents
Construction zones need to be coned or roped off with sufficient warning signage. If you were hurt 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 Rock Hill, MO premises liability attorneys for the maximum financial recovery you're entitled to.
What Compensation Can I Recover For My Rock Hill, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional hardships your injuries cause. With skilled Rock Hill, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential if you can no longer make a living as you used to, or have to work less hours
- Out-of-pocket expenses, such as hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, emotional distress, 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, the impact they've had on your life and the abilities of your Rock Hill, MO premises liability attorneys.
What Our Rock Hill, MO Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview 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 Rock Hill, 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
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Call Halvorsen Klote's Rock Hill, MO Premises Liability Attorneys Now
The idea of going up against a powerful corporation 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 are owed. We've devoted our lives to helping the average person get the same expert legal representation as powerful corporations and insurance companies. If you were injured because of a Rock Hill, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a complimentary case review.
![Joel Halvorsen](https://hklawstl.com/wp-content/uploads/2019/07/joel-halvorsen-st-louis-lawyer.jpg)
Joel Halvorsen
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.
![Greg Klote](https://hklawstl.com/wp-content/uploads/2019/07/greg-klote-st-louis-attorney.jpg)
Greg Klote
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.