Premises Liability Attorneys Valley Park, MO
Valley Park, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Valley Park, MO Slip and Fall Attorneys
Premises liability attorneys in Valley Park, MO. Property owners in Valley Park, MO have an obligation to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they neglect that duty, and innocent people are injured through no fault of their own. When that happens, you need dedicated Valley Park, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are devoted to leveling the playing field between large corporations and insurance companies and injury victims 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. Call our premises liability attorneys today 866-382-4167 or contact us through our website for a free case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability fairly similarly: 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 prudence. If they don't, they can be held liable for any injuries sustained as a result of the dangerous condition.
The states are different in one very important way, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Valley Park, 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 hotel guests. 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 has the permission of the property owner to be on the premises, but the owner doesn't get any express benefit from their presence. These can be social guests, but the law might apply to someone who stopped into a restaurant just to use the restroom. In Illinois, licensees have the same rights as invitees. 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 site 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 two exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still be liable 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 be there because they wanted trespassers to get hurt, they can still be held liable.
- 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, ladders or old appliances. In this instance, the child and their family can make a claim for a financial recovery.
How Do I Prove a Premises Liability Claim in Valley Park, 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 an obligation to prevent unreasonable risks of injury? The degree of the property owner's or manager's duty of care depends on whether you're a invitee, licensee or trespasser and your jurisdiction. Typically, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, property owners are considered to have breached their duty. That could mean not mopping up a wet spot on the floor, or not roping off a area of the property that has a dangerous condition.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because somebody ran into you, it's likely not the property owner's fault. Similarly, if you didn't notice an obvious hazard because you were looking at your phone, the property owner may argue that your inattention caused your injuries, not the dangerous condition.
- Damages — In order to make a claim, you have to have suffered harm. Usually, you need to show economic loss, such as lost wages and medical bills, to make a claim for emotional distress and pain and suffering. If you sustained a few bumps and scrapes, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Valley Park, MO 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 at no charge at 866-382-4167.
Most Common Premises Liability Lawsuit in Valley Park, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls account 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 complexes, 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 adequate security could include a doorman or requiring a code to enter the building. Generally, negligent 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 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 between one and four years old. Public swimming pools need to be properly supervised, 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 suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks poor designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Valley Park, 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 Valley Park, 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 missing or broken sprinkler systems.
Construction sites must be secured with obvious 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 make a claim 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 Valley Park, MO premises liability attorneys for the best possible financial recovery you are owed.
What Compensation Can I Recover For My Valley Park, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the economic, physical and mental hardships your injuries cause. With experienced Valley Park, 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, emotional distress, permanent 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 Valley Park, MO premises liability attorneys.
How Valley Park, MO Premises Liability Attorneys Can Help
Given the complex nature of litigation and premises liability laws, having a qualified lawyer on your side is essential. As part of our legal advocacy, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy that gets you the best possible results
- Obtain 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 answer any question you may have
- Handle all the legal aspects of your claim so you can focus on your physical recovery
- Negotiate the best possible settlement for you
- Take the liable party to 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 Valley Park, 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
Call Halvorsen Klote's Valley Park, MO Premises Liability Attorneys Today
The notion of having to fight back against a powerful corporation can be daunting to many. But, if they or their policyholder caused you harm, nothing should be able to keep you from getting the financial recovery you deserve. We've committed our lives to helping the average person get the same expert legal advocacy as the people who injured them. If you were injured because of a Valley Park, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a no-risk, no-obligation consultation.