Premises Liability Attorneys Washington, MO
Washington, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Washington, MO Slip and Fall Law Firm
Premises liability attorneys in Washington, MO. Property owners in Washington, MO have a duty to ensure their property is reasonably safe for patrons. But too often, they neglect that duty, and good people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need experienced Washington, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same high-quality legal advocacy as large corporations and insurance companies. 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 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 each state.
The laws in each state are largely similar: A property owner has a responsibility to warn against or fix a "dangerous condition" they either were aware of or should have known of through reasonable care. If they don't, they are responsible for any injuries sustained because of the poorly maintained property.
The states do differ in one key way, related to the duty of care owed to different types of visitors.
Types of Visitors in Washington, MO Premises Liability Cases
The law differentiates between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is visiting the premises to benefit themselves and/or the proprietor. This can include people dining at a restaurant 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. 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 has the permission of the property owner to be on the premises, but there is no express financial benefit to either of them. This can mean a friend staying at your house, but the law might apply to someone who came 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 dangers they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the premises illegally. Because of that, they do not have the same rights as the first two categories, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted trespassers to get hurt, they can still be held liable.
- 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, ladders or construction projects. In this instance, the family of the child may still sue the landowner for the child's injuries.
What Do I Need to File a Premises Liability Claim in Washington, 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 a duty to keep you from unreasonable dangers? The extent of a landowner's responsibility to keep you safe 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 obligation, that constitutes a violation of that obligation. That could mean not mopping up a wet spot on the floor, or not roping off a section that has a dangerous condition.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because you were running, it's likely not the property owner's fault. Similarly, if you didn't see warning signs 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 financial loss, such as lost wages and medical expenses, to make a claim 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 likely do not have enough to make a case.
Halvorsen Klote's Washington, MO premises liability attorneys have proven numerous premises liability claims. If you want to discuss your case, 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 Washington, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible 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
Negligent Security
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 this could include a doorman or needing a code to enter the building. Generally, negligent security claims are filed 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 take civil legal action – with the help 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 fatalities in children under the age of five. Public swimming pools need to be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, roughly 30,900 people went to the emergency room for injuries suffered at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who is in control of a theme park must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Washington, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Washington, 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 Washington, 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 blocked doors or escape routes to missing or broken sprinkler systems.
Construction Accidents
Construction sites need to 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 file a lawsuit against the construction company.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Washington, MO premises liability attorneys for the maximum compensation you're entitled to.
What Compensation Can I Recover For My Washington, MO Premises Liability Injuries?
The value of your claim depends on the economic, physical and mental toll your injuries cause. With knowledgeable Washington, 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, physical impairment, scarring and loss of consortium
How much your premises liability claim is worth depends mostly on the severity of your injuries, the impact they've had on your life and the abilities of your Washington, MO premises liability attorneys.
What Our Washington, MO Premises Liability Attorneys Can Do For You
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 develop 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 dangerous condition
- Answer the phone when you call 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 to trial 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 Washington, 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
Speak to Halvorsen Klote's Washington, MO Premises Liability Attorneys Now
The notion of going up against a large corporation can be intimidating. But, if you were injured because of someone else's negligence, you are entitled to full compensation. We've dedicated our practice to offering injury victims the same excellent legal advocacy as the people who injured them. If you were injured on someone else's property in Washington, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a no-risk, no-obligation case review.
Joel Halvorsen
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.
Greg Klote
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.