Premises Liability Attorneys Wardsville, MO
Wardsville, MO Personal Injury Lawyers
Call 866-382-4167 for a Complimentary Case Evaluation | Wardsville, MO Slip and Fall Lawyers
Premises liability attorneys in Wardsville, MO. Anyone who owns or operates a property in Wardsville, MO has a responsibility to ensure their property is reasonably safe for patrons. Unfortunately, a lot of times they neglect that duty, and innocent people who did nothing wrong get hurt. When that happens, you need experienced Wardsville, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are dedicated to leveling the playing field between large corporations and insurance companies and everyday people every day. 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. Speak to our premises liability attorneys today 866-382-4167 or fill out our online form for a free consultation.
What Are the Premises Liability Laws in Missouri and Illinois?
Both states treat premises liability almost equally: A property owner has a responsibility to warn against or repair 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 do differ in one key aspect, and it concerns the duty of care owed to different categories of visitors.
Types of Visitors in Wardsville, MO Premises Liability Cases
The law distinguishes 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 include people dining at a restaurant or someone shopping in a grocery store. A public invitee is someone on property that the public can access, such as bike paths 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 is on the property with the owner's permission, 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 came into a store just to ask for directions. In Illinois, licensees have the same rights as invitees. 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 illegally. Because of that, they do not have the same protections as the first two categories, meaning they can't make a claim for a financial recovery. There are a couple of exceptions:
- Under the 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 intentionally created or allowed a danger to exist because they wanted to injure a trespasser, they can still be held liable.
- 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 old appliances. In this instance, the child and their family can make a claim for compensation.
Do I Have a Premises Liability Claim in Wardsville, 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 owe you a duty of care to keep you from unreasonable harm? The degree of the property owner's or manager's duty of care 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 obligation, property owners are considered to have breached their duty. That could mean not fixing a broken staircase, 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 improper footwear for the area, you may not be able to show that the property owner was negligent. Likewise, 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 hazard.
- Damages — In order to make a claim, you have 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 a financial recovery for emotional harm and pain and suffering. If you sustained a bruise, 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 Wardsville, 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 Claims in Wardsville, MO
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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Inadequate Security often arises in apartment complexes, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include security guards or requiring a keycard to enter the property. Typically, lawsuits for inadequate or negligent security are filed after someone has been the victim of a 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 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 primary cause of death to children between the ages of one and four. Public swimming pools need to have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, roughly 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, our Wardsville, 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 Wardsville, 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 zones must be coned or roped off with sufficient 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 make a claim against the construction company.
However you sustained your injuries, if you were injured on someone else's property or in a public space, call Halvorsen Klote's Wardsville, MO premises liability attorneys for the maximum financial recovery you deserve.
What Compensation Can I Receive For My Wardsville, MO Premises Liability Injuries?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and mental toll your accident caused. With talented Wardsville, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity if you can no longer work
- 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 abilities of your Wardsville, MO premises liability attorneys.
How Wardsville, 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
- Obtain evidence, including maintenance logs, inspections, previous complaints filed and/or surveillance 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 keep you up-to-date on the status of your claim
- Handle all the legal aspects of your claim so you can focus on healing
- Negotiate the best possible settlement for you
- Take the fight in front of a judge and jury 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 Wardsville, 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 Wardsville, MO Premises Liability Attorneys Now
The notion of having to fight back against a powerful insurance company can be intimidating. But, if they or their policyholder injured you by their negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've committed our careers to offering the injured the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured because of a Wardsville, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a complimentary consultation.