Premises Liability Attorneys Vandalia, MO
Vandalia, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Consultation | Vandalia, MO Slip and Fall Lawyers
Premises liability attorneys in Vandalia, MO. Anyone who is in control of a property in Vandalia, MO has an obligation to ensure their property is reasonably safe for people who are legally on it. But too often, they neglect that duty, and good people who did nothing wrong get hurt. When that happens, you need dedicated Vandalia, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are devoted to leveling the playing field between large corporations and insurance companies and everyday people 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. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a complimentary case review.
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 duty to inform people of or repair a "dangerous condition" they either knew of or should have known of through reasonable diligence. If they fail in that duty, they are responsible for any injuries suffered because of the dangerous condition.
The states are different in one key way, related to the duty of care property owners must give different categories of visitors.
Types of Visitors in Vandalia, MO Premises Liability Cases
The law differentiates between three types 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 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 recreational areas 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 for personal, non-business reasons. a party guest, but the law might apply to someone who came into a grocery store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for hazards 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 protections 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, property owners are not immune from liability if they acted with "willful and wanton conduct." Meaning, if the owner intentionally created or allowed a danger to be there because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- Under the attractive nuisance theory, property owners might be liable if a child gets hurt while trespassing. 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. In this instance, the child and their family can make a claim for a financial recovery.
What Do I Need to File a Premises Liability Claim in Vandalia, MO?
In any personal injury case, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager have a duty to protect you from unreasonable hazards? The degree of the property owner's or manager's responsibility to keep you safe depends on whether you're a invitee, licensee or trespasser and what state you're in. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, that constitutes a violation of that responsibility. That could mean not mopping up a wet spot on the floor, or not putting a "wet floor" sign out.
- Causation — Did the hazardous condition cause or contribute to your injuries? If you fell because you had inappropriate footwear for conditions, it's likely not the property owner's fault. Similarly, if you didn't notice warning signs 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 economic harm, including lost wages and medical expenses, to get a financial recovery for how the injury impacted you physically and emotionally. If you sustained a minor cut, but didn't need medical attention or miss any time off work, you likely do not have enough to make a case.
Halvorsen Klote's Vandalia, MO premises liability attorneys have gotten great results for our clients in a variety of cases. If you want to see if you have a case, 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 Lawsuit in Vandalia, 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 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 wiring
- Uneven flooring, rugs or carpeting
Inadequate Security often occurs in apartment complexes, office buildings or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of this could include a doorman or needing a code to enter the building. Generally, inadequate security claims occur after someone being injured due to a violent crime. While the police and criminal courts are responsible for convicting the offender, you'll usually need to take civil legal action – 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 usually happen to children. Drowning is the primary cause of fatalities in children under the age of five. Public swimming pools need to be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electric shocks poor designs. Anybody who is in control of a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Vandalia, MO premises liability attorneys will help you secure justice and maximum compensation.
Fire and Smoke Injuries
Local Vandalia, MO 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 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 poor handling of flammabale materials to missing or broken smoke alarms.
Construction zones must 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 hold the construction company responsible for premises liability.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Vandalia, MO premises liability attorneys for the maximum financial recovery you deserve.
How Much Are My Vandalia, MO Premises Liability Injuries Worth?
How much your injuries worth depends on the financial, physical and emotional hardships your accident caused. With knowledgeable Vandalia, MO premises liability attorneys, you cans secure a financial recovery:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, mental anguish, disability, disfigurement and loss of consortium
How much money you get in your premises liability settlement depends mostly on how serious your injuries are, the impact they've had on your life and the skill and experience of your Vandalia, MO premises liability attorneys.
The Role of Your Vandalia, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is crucial. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and develop a legal strategy that gets you the best possible results
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Interview 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 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 Vandalia, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- 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
Reach Out to Halvorsen Klote's Vandalia, MO Premises Liability Attorneys Now
The idea of having to fight back against a large insurance company can be intimidating. But, if they or their policyholder caused you harm, nothing should be able to keep you from getting the financial recovery you are owed. We've committed our practice to offering injury victims the same high-quality legal advocacy as the people who injured them. 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 complimentary consultation.