Premises Liability Attorneys Troy, IL
Troy, IL Personal Injury Lawyers
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Premises liability attorneys in Troy, IL. Anyone who is in control of a property in Troy, IL has a duty to take reasonable precautions 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 dedicated Troy, IL 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 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.
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has an obligation to inform people of or repair a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they are responsible for any injuries suffered as a result of the dangerous condition.
The states do differ in one key aspect, and it concerns the duty of care property owners must give different types of visitors.
Types of Visitors in Troy, IL Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- 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. A public invitee is someone on property that the public can access, for example a park 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 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 friend coming over for dinner, but the law might apply to someone who stopped into an establishment just to use the restroom. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for hazards they had express knowledge of; the "should have known" doctrine doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without consent of the property owner. Therefore, they do not have the same rights as people that are allowed to be there, meaning they can't make a claim for a financial recovery. There are a couple of exceptions:
- According 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 created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held accountable.
- Under the attractive nuisance theory, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something present on the property that could be alluring to a child. Examples could be swimming pools, trampolines or construction projects. If a child is injured by or because of an attractive nuisance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Do I Have a Premises Liability Claim in Troy, IL?
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager have an obligation to protect you from unreasonable harm? The degree of the property owner's or manager'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 duty, that constitutes a violation of that obligation. That could mean not fixing a broken railing, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you had improper footwear for the area, you may not have a valid claim against the property owner. Similarly, 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 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 economic harm, including lost wages and medical bills, to get a financial recovery 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 Troy, IL premises liability attorneys have taken on, proven and won these types of cases before. 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 for free today at 866-382-4167.
Most Common Premises Liability Claims in Troy, IL
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls account 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:
- 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 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 a doorman or needing a keycard to enter the property. Typically, 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 usually need to take civil legal action – 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 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, more than 30,000 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Anybody who operates a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Troy, IL premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Troy, IL laws are strict 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 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 poor handling of flammabale materials to leaving debris around heating units.
Construction sites need to be coned or roped off with sufficient warning signage. If you were hurt in a construction site accident in a slip and fall, car accident or by falling debris because the site was dangerous, you can file a lawsuit against the construction company.
However you sustained 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 are owed.
How Much Is My Troy, IL Premises Liability Claim Worth?
How much your injuries worth depends on the economic, physical and emotional toll your accident caused. With experienced Troy, IL premises liability attorneys, you cans secure compensation:
- 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, disability, disfigurement and loss of consortium
How much your premises liability claim is worth will be based on how serious your injuries are, how they have affected your life and the abilities 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 crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Obtain evidence, including maintenance logs, inspections, proof of any previously files complaints and/or surveillance footage
- Interview 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 your physical recovery
- Negotiate a settlement on your behalf
- 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 Troy, IL 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
Speak to Halvorsen Klote's Troy, IL Premises Liability Attorneys Today
The thought of having to fight back against a powerful corporation can be daunting to many. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've dedicated our lives to offering injury victims the same expert legal representation as powerful corporations and insurance companies. If you were injured because of a Troy, IL 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.
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.