Premises Liability Attorneys Springfield, MO
Springfield, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Case Evaluation | Springfield, MO Slip and Fall Lawyers
Premises liability attorneys in Springfield, MO. Anyone who owns or operates a property in Springfield, MO has a responsibility to take reasonable precautions to prevent injuries on the premises. But too often, they neglect that duty, and innocent people are injured through the property owner's negligence. When that happens, you need dedicated Springfield, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to offering injury victims the same excellent 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 fill out our online form for a free 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.
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 knew of or should have been aware of through reasonable prudence. If they neglect that obligation, they can be held accountable for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important way, and it concerns the duty of care owed to different types of visitors.
Types of Visitors in Springfield, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can be people dining at a restaurant or residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, such as recreational areas 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 has the permission of the property owner to be on the premises, but there is no express financial benefit to either of them. a party guest, but the law might apply to someone who came into a store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners can only be held accountable for dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property without permission of the property owner. Because of that, 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 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 intentionally created or allowed a danger to be there because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, 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 power tools. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Springfield, MO
With all personal injury claims, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the property owner or manager have a responsibility to prevent unreasonable risks of injury? The degree of a landowner's responsibility to keep you safe 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 obligation, 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, you may not have a valid claim against the property owner. Similarly, if you didn't see an obvious hazard because you weren't looking where you were going, the property owner may argue that you were injured because you were distracted, not because of the hazard.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show financial harm, including lost wages and medical bills, to make a claim for how the injury affected you physically and emotionally. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Springfield, MO premises liability attorneys have taken on, proven and won these types of cases before. 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 for free today at 866-382-4167.
Types of Premises Liability Cases in Springfield, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. Slip and falls account for 12% of total falls that lead to emergency room visits, 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 cords
- Uneven flooring, rugs or carpeting
Inadequate Security often occurs in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include a doorman or requiring a keycard to enter the premises. Typically, lawsuits for inadequate or negligent security are filed after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually 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 are most common in 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, approximately 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, electric shocks poor designs. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Springfield, MO premises liability attorneys will help you secure justice and maximum compensation.
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 Springfield, 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 doors or escape routes to missing or broken smoke alarms.
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 hold the construction company responsible for premises liability.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Springfield, MO premises liability attorneys for the maximum financial recovery you are owed.
How Much Are My Springfield, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional hardships your injuries cause. With talented Springfield, 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 work
- 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 your premises liability claim is worth depends mostly on how serious your injuries are, the impact they've had on your life and the abilities of your Springfield, MO premises liability attorneys.
What Our Springfield, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is paramount. As part of our legal representation, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance logs, inspections, previous complaints filed and/or video footage
- Take depositions from witnesses, employees or others who may have knowledge of the dangerous condition
- Answer the phone when you call and keep you up-to-date on the status of your claim
- Handle all the legal aspects of your claim so you can focus on healing
- Negotiate a settlement on your behalf
- 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 Springfield, 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
Speak to Halvorsen Klote's Springfield, MO Premises Liability Attorneys Now
The notion of going up against a powerful insurance company can be intimidating. 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 committed our lives to helping the average person get the same high-quality legal advocacy as the people who injured them. If you were injured because of a Springfield, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free 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.