Premises Liability Attorneys Troy, IL
Troy, IL Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Troy, IL Slip and Fall Attorneys
Premises liability attorneys in Troy, IL. Property owners in Troy, IL have an obligation to take reasonable precautions to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and good people are injured through no fault of their own. When that happens, you need experienced Troy, IL premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed 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 contact us through our website for a complimentary case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has a responsibility to inform people of or repair a "dangerous condition" they either were aware of or should have known of through reasonable care. If they don't, they can be held accountable for any injuries suffered because of the dangerous condition.
The states are different in one very important aspect, related to the duty of care owed to different kinds of visitors.
Types of Visitors in Troy, IL Premises Liability Cases
The law differentiates between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include a customer in a retail store or someone shopping in a grocery store. A public invitee is someone on property that the public can access, such as a park 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 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 use the restroom. In Illinois, licensees have the same legal protections as invitees. 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 premises without permission of the property owner. 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 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 misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance theory, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or old appliances. In this instance, the child and their family can make a claim for compensation.
Proving Your Premises Liability Claim in Troy, IL
In any personal injury case, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager have an obligation to prevent unreasonable risks of injury? The extent of a landowner's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and your jurisdiction. 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, property owners are considered to have breached their duty. That could mean not fixing a broken railing, or not roping off a section that isn't safe.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because somebody ran into you, 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, you might not be able to make a claim.
- Damages — To have a valid claim, you have to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical expenses, to get compensation for how the injury affected you physically and mentally. If you sustained a bruise, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Troy, IL premises liability attorneys have proven numerous premises liability claims. If you have any doubts about the validity of your claim, 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 Accidents in Troy, IL
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:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment buildings, 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 keycard to enter the premises. Typically, inadequate security claims are filed 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 take civil legal action – with the aid 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 usually happen to 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 went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks structural issues. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Troy, IL 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 Troy, IL 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 missing or broken sprinkler systems.
Construction sites must be secured with obvious 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 liable for your injuries.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Troy, IL premises liability attorneys for the best possible compensation you're entitled to.
What Compensation Can I Receive For My Troy, IL Premises Liability Injuries?
The value of your claim depends on the economic, physical and emotional toll your injuries cause. With knowledgeable Troy, IL premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, mental anguish, physical impairment, disfigurement and loss of consortium
How much your premises liability claim is worth depends largely on the severity of your injuries, the impact they've had on your life and the skill and experience of your Troy, IL premises liability attorneys.
The Role of Your Troy, IL Premises Liability Attorneys
Given the complex nature of litigation and premises liability laws, the role of a lawyer is paramount. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- 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 answer any question you may have
- Handle all the legal aspects of your claim so you can focus on healing
- Negotiate a settlement on your behalf
- Take the fight to trial 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 Troy, IL 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
Call Halvorsen Klote's Troy, IL Premises Liability Attorneys Now
The notion of going up against a powerful corporation can be daunting to many. But, if they or their policyholder caused you harm, you deserve full compensation. We've dedicated our practice to offering the injured the same expert legal representation as the people who injured them. If you were injured on someone else's property in Troy, IL, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a free case evaluation.