Premises Liability Attorneys Sedalia, MO
Sedalia, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Sedalia, MO Slip and Fall Lawyers
Premises liability attorneys in Sedalia, MO. Property owners in Sedalia, MO have a duty to take reasonable precautions to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they neglect that duty, and good people are injured through no fault of their own. When that happens, you need knowledgeable Sedalia, 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 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. Call our premises liability attorneys today 866-382-4167 or contact us through our website for a complimentary consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws in their respective state.
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a duty to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they fail in that responsibility, they are responsible for any injuries suffered as a result of the dangerous condition.
The states are different in one key way, related to the duty of care owed to different types of visitors.
Types of Visitors in Sedalia, MO Premises Liability Cases
The law differentiates between three classes 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 someone shopping in a grocery store. Invitees can also be considered people on property the public is allowed to be on, such as a park 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 are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site without permission of the property owner. Because of that, they do not have the same protections as people that are allowed to be there, meaning they can't make a claim 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 trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance theory, 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, ladders or old appliances. If a child is injured by or because of an attractive nuisance, the family of the child may still make a claim against the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Sedalia, MO?
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner have a duty to protect you from unreasonable hazards? 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 allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, 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 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 see an obvious hazard because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the hazard.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show economic harm, including lost wages and medical bills, to get a financial recovery for how the injury affected you physically and emotionally. If you sustained a minor cut, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Sedalia, 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 for free today at 866-382-4167.
Types of Premises Liability Cases in Sedalia, 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include security guards or needing a keycard to enter the premises. Typically, inadequate security claims are filed 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 assistance 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 primary cause of death to children under the age of five. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Anybody who is in control of a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Sedalia, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Sedalia, 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 Sedalia, 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 sprinkler systems.
Construction sites need to be coned or roped off with sufficient 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 file a lawsuit 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 Sedalia, MO premises liability attorneys for the maximum compensation you are owed.
What Compensation Can I Recover For My Sedalia, MO Premises Liability Injuries?
How much your injuries worth depends on the financial, physical and mental hardships your injuries cause. With talented Sedalia, 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 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, mental anguish, disability, scarring and loss of consortium
How much your premises liability claim is worth depends mostly on how serious your injuries are, how they have affected your life and the abilities of your Sedalia, MO premises liability attorneys.
How Sedalia, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the best possible results
- Acquire evidence, including maintenance reports, inspections, previous complaints filed 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 answer any question you may have
- Handle all documentation and litigation so you can focus on healing
- Negotiate the best possible settlement for you
- Take the defendant 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 Sedalia, 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 Sedalia, MO Premises Liability Attorneys Today
The thought of going up against a large corporation can be daunting to a lot of people. But, if they or their policyholder injured you by their negligence, you deserve full compensation. We've dedicated our lives to offering injury victims the same expert legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Sedalia, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary case evaluation.
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.