Premises Liability Attorneys Ste Genevieve, MO
Ste Genevieve, MO Personal Injury Law Firm
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Premises liability attorneys in Ste Genevieve, MO. Anyone who owns or operates a property in Ste Genevieve, MO has a responsibility to take reasonable precautions to prevent injuries on the premises. Unfortunately, a lot of times they fail in that responsibility, and good people who did nothing wrong get hurt. When that happens, you need knowledgeable Ste Genevieve, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same standard of legal advocacy as large corporations and insurance companies. We fight for the injured in both Missouri and Illinois, and fight hard so our clients can finally get a sense of justice and recognition. Call our premises liability attorneys today 866-382-4167 or contact us through our website for a free 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 for both states.
Both states treat premises liability fairly similarly: A property owner has a duty to inform people of or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable diligence. If they don't, they are responsible for any injuries sustained as a result of the dangerous condition.
The states are different in one key aspect, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Ste Genevieve, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can be a customer in a retail store or someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, for example bike paths or a library. Property owners 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. This can mean a friend staying at your house, but the law might apply to someone who stopped into an establishment 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 hazards they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the premises without permission of the property owner. Because of that, they do not have the same rights as the first two categories, meaning they can't make a claim for a financial recovery. There are two 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 trespassers to get hurt, they can still be held accountable.
- 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. If a child is injured by or because of an attractive nuisance, the child and their family can make a claim for compensation.
How Do I Prove a Premises Liability Claim in Ste Genevieve, 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 have a responsibility to prevent unreasonable risks of injury? The extent of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and what state you're in. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a violation of that obligation. 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 hazardous condition cause or contribute to your injuries? If you fell because you were running, you may not be able to show that the property owner was negligent. Likewise, 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 — To have a valid claim, you need to have suffered harm. Usually, you need to show economic loss, such as lost wages and medical expenses, to get compensation for how the injury affected you physically and mentally. If you sustained a few bumps and scrapes, but didn't need medical attention or miss any time off work, you may not have a valid claim.
Halvorsen Klote's Ste Genevieve, 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 for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Ste Genevieve, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. 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
These cases often arise in apartment buildings, office buildings 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 requiring a keycard to enter the premises. Typically, 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 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 primary cause of death to children under the age of five. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks structural issues. Anybody who is in control of a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Ste Genevieve, MO premises liability attorneys will hold them accountable.
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 Ste Genevieve, 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 leaving debris around heating units.
Construction companies have an obligation to keep their construction zones safe. If you were hurt 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.
However you suffered your injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Ste Genevieve, MO premises liability attorneys for the full financial recovery you deserve.
What Compensation Can I Recover For My Ste Genevieve, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and emotional hardships your accident caused. With skilled Ste Genevieve, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity 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, emotional distress, permanent impairment, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, the impact they've had on your life and the abilities of your Ste Genevieve, MO premises liability attorneys.
How Ste Genevieve, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is crucial. As part of our legal services, 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 reports, inspections, proof of any previously files complaints and/or video footage
- Take depositions from witnesses, employees or others who may be familiar with the dangerous condition
- Be available whenever you need us to be 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 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 Ste Genevieve, 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
Call Halvorsen Klote's Ste Genevieve, MO Premises Liability Attorneys Today
The notion of going up against a large 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 deserve. We've dedicated our careers to helping the average person get the same high-quality legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Ste Genevieve, MO, 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.