Premises Liability Attorneys St. Charles, MO
St. Charles, MO Personal Injury Law Firm
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Premises liability attorneys in St. Charles, MO. Property managers in St. Charles, MO have an obligation to ensure their property is reasonably safe for patrons. But too often, they fail in that responsibility, and innocent people are injured through the property owner's negligence. When that happens, you need knowledgeable St. Charles, MO premises liability attorneys to get you the full financial recovery you deserve. 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 fill out our online form for a free case review.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: A property owner has a responsibility to warn against or repair a "dangerous condition" they either were aware of or should have been aware of through reasonable prudence. If they neglect that duty, they can be held accountable for any injuries suffered as a result of the dangerous condition.
The states are different in one very important aspect, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in St. Charles, 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 include people dining at a restaurant or hotel guests. Invitees can also be considered people on property the public is allowed to be on, such as a park or a library. Property owners can be held accountable for an invitee's injuries caused by dangers they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's permission, but the owner doesn't get any express benefit from their presence. This can mean a family member coming over for dinner, but the law might apply to someone who stopped into a grocery store just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners can only be held accountable for dangers they had express knowledge of – 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 rights as the first two categories, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- Pursuant 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, 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 present on the property that could be alluring to a child. Examples could be swimming pools, trampolines or power tools. In this instance, the family of the child may still sue the landowner for the child's injuries.
How Do I Prove a Premises Liability Claim in St. Charles, MO?
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the landowner have a responsibility to prevent unreasonable risks of injury? 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 legally on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, 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 area of the property that isn't safe.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you were running, it's likely not the property owner's fault. Likewise, if you didn't notice 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 dangerous condition.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show economic harm, such as 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 did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's St. Charles, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 Cases in St. Charles, MO
Slip and Falls
Falling is accounts for a third of all nonfatal preventable injuries. 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
Inadequate Security often occurs in apartment complexes, 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 proper security could include security guards or needing a code to enter the property. Typically, lawsuits for inadequate or negligent security occur after someone has been the victim of a crime. While the criminal justice system may secure a conviction of the offender, you'll usually need to file a civil lawsuit – with the help 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 leading cause of fatalities in 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, more than 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our St. Charles, MO premises liability attorneys will help you secure justice and a full financial recovery.
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 St. Charles, 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 missing or broken smoke alarms.
Construction companies have a duty 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 not properly secured, you can hold the construction company responsible for your injuries.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's St. Charles, MO premises liability attorneys for the best possible compensation you are owed.
How Much Are My St. Charles, MO Premises Liability Injuries Worth?
The value of your claim depends on the financial, physical and emotional hardships your injuries cause. With knowledgeable St. Charles, MO premises liability attorneys, you cans secure a financial recovery:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity if your accident results in permanent disability
- 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, disability, scarring and loss of consortium
How much your premises liability injuries are worth will be based on how serious your injuries are, the impact they've had on your life and the skill and experience of your St. Charles, MO premises liability attorneys.
How St. Charles, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is paramount. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the best possible results
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints 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 documentation and litigation so you can focus on healing
- Negotiate the best possible settlement for you
- Represent you in 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 St. Charles, 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
Speak to Halvorsen Klote's St. Charles, MO Premises Liability Attorneys Today
The thought of having to fight back against a large insurance company can be daunting to a lot of people. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've committed our practice to offering the injured the same expert legal advocacy as the people who injured them. If you were injured because of a St. Charles, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation case review.