Premises Liability Attorneys Sedalia, MO
Sedalia, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Consultation | Sedalia, MO Slip and Fall Lawyers
Premises liability attorneys in Sedalia, MO. Anyone who is in control of a property in Sedalia, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. If you or a loved one was injured on public or private property, you need experienced Sedalia, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted to leveling the playing field between large corporations and insurance companies and injury victims every day. 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 contact us through our website for a no-risk, no-obligation case review.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability almost equally: A property owner has an obligation to inform people of or repair a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they fail in that obligation, they can be held accountable for any injuries suffered because of the dangerous condition.
The states do differ in one key aspect, related to the duty of care property owners must give different categories of visitors.
Types of Visitors in Sedalia, MO Premises Liability Cases
The law distinguishes between three types of visitors in premises liability claims:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can include a customer in a retail store or residents in an apartment complex. 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 hazards they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's consent, but for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who came into a restaurant just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for hazards they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Because of that, they do not have the same protections as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- According to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable for a trespasser's injuries if the landowner acted with "willful and wanton misconduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted to injure a trespasser, they can still be held liable.
- Under the attractive nuisance principle, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or old appliances. 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 Sedalia, MO
In any personal injury case, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The degree of the property owner's or manager's responsibility to keep you safe depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their responsibility, property owners are considered to have breached their 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 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 see warning signs 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 economic loss, including lost wages and medical expenses, to get a financial recovery for emotional distress and pain and suffering. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Sedalia, 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.
Most Common Premises Liability Lawsuit in Sedalia, 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 often arises in apartment buildings, office buildings 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 requiring a keycard to enter the premises. Generally, inadequate 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 usually need to file a civil lawsuit – 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 need to have lifeguards, and fences and lifejacket rules should also be in place to help protect children.
In 2016, roughly 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, 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 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 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 blocked exits to missing or broken sprinkler systems.
Construction zones must be secured with obvious 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 not properly secured, you can make a claim against the construction company.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Sedalia, MO premises liability attorneys for the full financial recovery you deserve.
How Much Are My Sedalia, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional toll your accident caused. With knowledgeable Sedalia, MO premises liability attorneys, you'll be compensated for:
- 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, disfigurement and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, how they have affected your life and the skill and experience of your Sedalia, MO premises liability attorneys.
The Role of Your Sedalia, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the best possible results
- Obtain evidence, including maintenance reports, inspections, proof of any previously files complaints and/or video footage
- Interview witnesses, employees or others who may be familiar with 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 a settlement on your behalf
- Take the fight to trial 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:
- 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 Sedalia, MO Premises Liability Attorneys Now
The thought of having to fight back against a large 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 deserve. We've committed our lives to offering the injured 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 fill out our online form for a free consultation.