Premises Liability Attorneys St Clair, MO
St Clair, MO Personal Injury Lawyers
Call 866-382-4167 for a No-risk, No-obligation Case Review | St Clair, MO Slip and Fall Attorneys
Premises liability attorneys in St Clair, MO. Property owners in St Clair, MO have a responsibility to take reasonable measures to prevent injuries on the premises. 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 St Clair, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated 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. Call our premises liability attorneys today 866-382-4167 or contact us through our website for a no-risk, no-obligation consultation.
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.
Both states treat premises liability fairly similarly: A property owner has an obligation to inform people of or repair a "dangerous condition" they either were aware of or should have known of through reasonable prudence. If they don't, they are responsible for any injuries suffered because of the poorly maintained property.
The states are different in one key aspect, and it concerns the duty of care property owners must give different kinds of visitors.
Types of Visitors in St Clair, MO Premises Liability Cases
The law differentiates between three classes 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 people dining at a restaurant or someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as bike paths or a library. Property owners 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 permission, but to the benefit of either solely the licensee or neither of them. This can mean a family member coming over for dinner, but the law might apply to someone who came into a store 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 knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Therefore, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner 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 owe compensation for a trespasser's injuries if the landowner acted with "willful and wanton conduct." 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 doctrine, 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, ladders 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 St Clair, 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 owe you a duty of care 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 your jurisdiction. Typically, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, that constitutes a breach of that duty. 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 had inappropriate footwear for conditions, you may not have a valid claim against the property owner. Likewise, if you didn't notice warning signs 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 show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical bills, to get a financial recovery for emotional distress and pain and suffering. If you sustained a minor cut, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's St Clair, MO premises liability attorneys have proven numerous premises liability claims. If you want to discuss your 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.
Most Common Premises Liability Lawsuit in St Clair, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls are responsible for over one million emergency room visits a year, and are the primary cause of lost 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
These cases often arise in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or requiring a code to enter the property. Generally, 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 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 usually happen to children. Drowning is the primary cause of fatalities in children between one and four years old. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electrician substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our St Clair, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local St Clair, 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 St Clair, 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 leaving debris around heating units.
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 file a lawsuit against the construction company.
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 St Clair, MO premises liability attorneys for the best possible financial recovery you're entitled to.
How Much Is My St Clair, MO Premises Liability Claim Worth?
How much your injuries worth depends on the economic, physical and emotional hardships your injuries cause. With experienced St Clair, 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, permanent impairment, scarring and loss of consortium
How much your premises liability claim is worth will be based on the severity of your injuries, the impact they've had on your life and the abilities of your St Clair, MO premises liability attorneys.
What Our St Clair, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is essential. As part of our legal services, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or video footage
- Take depositions from witnesses, employees or others who may have knowledge of the hazard
- 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 your physical recovery
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury 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 Clair, 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 St Clair, MO Premises Liability Attorneys Today
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, you are entitled to full compensation. We've committed our practice to helping the average person get the same expert legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in St Clair, 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.