Premises Liability Attorneys Vandalia, MO
Vandalia, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Vandalia, MO Slip and Fall Attorneys
Premises liability attorneys in Vandalia, MO. Property managers in Vandalia, MO have a responsibility to take reasonable measures to prevent people who enter the premises from becoming hurt. 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 experienced Vandalia, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted 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 so our clients can finally get a sense of justice and recognition. Speak to our premises liability attorneys today 866-382-4167 or contact us online for a complimentary 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 neglect that responsibility, they can be held liable for any injuries sustained as a result of the poorly maintained property.
The states are different in one very important aspect, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Vandalia, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can be people dining at a restaurant 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 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 consent, but for personal, non-business reasons. a party guest, 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 are only liable for dangers they had express knowledge of – not ones they "should have known about.
- Trespassers — Trespassers are on the property without permission of the property owner. Therefore, they do not have the same rights as the first two categories, meaning they can't sue the property owner to get compensated for their injuries. There are two exceptions:
- According to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still owe compensation for a trespasser's injuries if the landowner acted with "willful and wanton conduct." 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 doctrine, 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, ladders or power tools. In this instance, the child and their family can make a claim for compensation.
How Do I Prove a Premises Liability Claim in Vandalia, 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 property owner or manager have an obligation 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 allowed to be on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, that constitutes a breach of that responsibility. 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 dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, 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 dangerous condition.
- Damages — To have a valid claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show economic loss, including lost wages and medical expenses, to get compensation 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 Vandalia, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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.
Most Common Premises Liability Lawsuit in Vandalia, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls account for 12% of total falls that lead to emergency room visits, 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
Negligent Security often occurs in apartment buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of adequate security could include a doorman or requiring a code to enter the property. Generally, negligent security claims occur after someone has been the victim of a crime. While the police and criminal courts are responsible for convicting the offender, you'll usually need to file a civil lawsuit – with the assistance 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 primary cause of death to children between one and four years old. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, an estimated 30,900 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Vandalia, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Vandalia, MO laws are stringent 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 Vandalia, 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 a responsibility 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 dangerous, you can hold the construction company responsible for premises liability.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Vandalia, MO premises liability attorneys for the best possible financial recovery you deserve.
How Much Is My Vandalia, MO Premises Liability Claim Worth?
The value of your claim depends on the economic, physical and emotional hardships your injuries cause. With talented Vandalia, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity 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, emotional distress, disability, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends largely on the severity of your injuries, how they have affected your life and the skill and experience of your Vandalia, MO premises liability attorneys.
How Vandalia, MO Premises Liability Attorneys Can Help
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 accident and come up with a legal strategy to prove negligence
- 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 hazard
- Answer the phone when you call and answer any question you may have
- Handle all documentation and litigation 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 Vandalia, 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
Speak to Halvorsen Klote's Vandalia, MO Premises Liability Attorneys Today
The thought of going up against a large insurance company 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 are owed. We've committed our lives to helping the average person get the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Vandalia, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation consultation.