Premises Liability Attorneys Wentzville, MO
Wentzville, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Evaluation | Wentzville, MO Slip and Fall Lawyers
Premises liability attorneys in Wentzville, MO. Property managers in Wentzville, MO have an obligation to take reasonable steps to prevent people who enter the premises from becoming hurt. But too often, they fail in that responsibility, and innocent people who did nothing wrong get hurt. If you or a loved one was injured on someone else's property, you need experienced Wentzville, 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 take cases 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 fill out our online form for a free 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 warn against or fix a "dangerous condition" they either knew of or should have been aware of through reasonable diligence. If they neglect that obligation, they can be held accountable for any injuries sustained because of the dangerous condition.
The states do differ in one very important aspect, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Wentzville, 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 be 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, for example bike paths or a library. Property owners can be held accountable for an invitee's injuries caused by dangers they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's permission, but for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who came into a grocery store just to ask for directions. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners can only be held accountable for dangers they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the site without permission of the property owner. Therefore, they do not have the same protections as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are a couple of exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner 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, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something about the property that could make a child want to enter the property. Examples could be swimming pools, ladders or construction projects. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Do I Have a Premises Liability Claim in Wentzville, MO?
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the property owner or manager have an obligation to prevent unreasonable risks of injury? The extent of a landowner's duty of care depends on whether you're a invitee, licensee or trespasser and what state you're in. Typically, 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 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 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 see an obvious hazard because you weren't looking where you were going, the property owner may argue that you were injured because you were distracted, not because of the hazard.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show economic loss, such as lost wages and medical expenses, to get compensation for emotional distress and pain and suffering. 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 Wentzville, MO premises liability attorneys have proven numerous premises liability claims. 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 at no charge at 866-382-4167.
Types of Premises Liability Cases in Wentzville, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls are responsible 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
These cases often arise 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 security guards or requiring a keycard to enter the property. 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 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 leading cause of fatalities in children between the ages of one and four. Public swimming pools must be properly supervised, and have strict measures to protect children from injuring themselves.
In 2016, approximately 30,900 people sought emergency medical attention for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning seat belts, 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 Wentzville, 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 Wentzville, 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 hurt in a construction site accident in a slip and fall, car accident or by falling debris because the site was not properly secured, you can hold the construction company responsible for premises liability.
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 Wentzville, MO premises liability attorneys for the maximum compensation you deserve.
What Compensation Can I Recover For My Wentzville, MO Premises Liability Injuries?
The value of your claim depends on the financial, physical and mental hardships your injuries cause. With knowledgeable Wentzville, 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 your premises liability injuries are worth will be based on the severity of your injuries, how they have affected your life and the abilities of your Wentzville, MO premises liability attorneys.
The Role of Your Wentzville, MO Premises Liability Attorneys
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. As part of our legal services, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy that gets you the most compensation possible
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may have knowledge of 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 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 Wentzville, 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 Wentzville, MO Premises Liability Attorneys Now
The notion of going up against a large corporation can be daunting to many. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've committed our practice to helping the average person get the same high-quality legal advocacy as the people who injured them. If you were injured because of a Wentzville, MO property owner's carelessness, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a complimentary consultation.