Premises Liability Attorneys Town and Country, MO
Town and Country, MO Personal Injury Law Firm
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Premises liability attorneys in Town and Country, MO. Property managers in Town and Country, MO have an obligation to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and good people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need dedicated Town and Country, 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 everyday people every day. We fight for the injured 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 evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a responsibility to warn against or fix a "dangerous condition" they either were aware of or should have been aware of through reasonable care. If they don't, they can be held accountable for any injuries suffered as a result of the poorly maintained property.
The states do differ in one key aspect, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Town and Country, MO Premises Liability Cases
The law distinguishes 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 residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, such as a park or a library. Those in control of the property can be held accountable 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 the owner doesn't get any express benefit from their presence. a party guest, but the law might apply to someone who stopped into a restaurant 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 dangers they knew about; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property 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 a couple of exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton misconduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. 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.
Proving Your Premises Liability Claim in Town and Country, MO
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The degree of a landowner's duty of care depends on what kind of visitor you are and what state you're in. 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 repairing a broken staircase, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because somebody ran into you, you may not have a valid claim against the property owner. Likewise, if you didn't observe warning signs because you were looking at your phone, 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 financial harm, including lost wages and medical bills, to get a financial recovery for how the injury affected you physically and emotionally. 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 Town and Country, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to discuss your case, or have questions about filing a personal injury lawsuit, call one of our attorneys for free today at 866-382-4167.
Types of Premises Liability Accidents in Town and Country, 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 primary cause of lost days from work.
Slip and falls can be caused by:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings 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 needing a keycard to enter the premises. Generally, negligent security claims occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll typically need to file a civil lawsuit – with the aid 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 death to children under the age of five. Public swimming pools must have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
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, malfunctioning safety 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 Town and Country, 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 Town and Country, 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 hold the construction company liable for your injuries.
However you sustained your injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Town and Country, MO premises liability attorneys for the maximum financial recovery you're entitled to.
How Much Is My Town and Country, MO Premises Liability Claim Worth?
How much your injuries worth depends on the economic, physical and mental toll your accident caused. With knowledgeable Town and Country, MO premises liability attorneys, you cans secure a financial recovery:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, scarring and loss of consortium
How much money you get in your premises liability settlement depends largely on how serious your injuries are, how they have affected your life and the abilities of your Town and Country, MO premises liability attorneys.
How Town and Country, MO Premises Liability Attorneys Can Help
When it comes to pursuing a premises liability case, having a qualified lawyer on your side is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with 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 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
- 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 Town and Country, 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
- Slip and Fall Lawyer
Reach Out to Halvorsen Klote's Town and Country, MO Premises Liability Attorneys Now
The notion of having to fight back against a large corporation can be intimidating. But, if you were injured because of someone else's negligence, you deserve full compensation. We've devoted our practice to offering injury victims the same high-quality legal representation as the people who injured them. If you were injured because of a Town and Country, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case evaluation.