Premises Liability Attorneys Wentzville, MO
Wentzville, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Consultation | Wentzville, MO Slip and Fall Attorneys
Premises liability attorneys in Wentzville, MO. Property owners in Wentzville, MO have a duty to take reasonable steps to prevent injuries on the premises. But too often, they fail in that responsibility, and good people are injured through no fault of their own. If you or a loved one was injured on someone else's property, you need experienced Wentzville, MO premises liability attorneys to get you the maximum compensation you deserve. At Halvorsen Klote, our attorneys are committed to offering injury victims the same high-quality legal representation 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. Call 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?
The laws in each state tend to be comparable in regards to property ownership and management: A property owner has an obligation to inform people of or fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they neglect that responsibility, they can be held accountable for any injuries sustained because of the dangerous condition.
The states are different in one very important aspect, and it concerns the duty of care owed to 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 include people dining at a restaurant or residents in an apartment complex. A public invitee is someone on property that the public can access, for example a park or a library. Property owners 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 the owner doesn't get any express benefit from their presence. This can mean a family member coming over for dinner, but the law might apply to someone who stopped into a grocery store just to use the restroom. In Illinois, licensees have the same legal protections as invitees. In Missouri, property owners are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the site illegally. Because of that, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner to get compensated for their injuries. There are a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, a property owner can still be liable 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 be there because they wanted to injure a trespasser, the trespasser may be able to sue the owner.
- 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, trampolines or construction projects. If a child is injured by or because of an attractive nuisance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Wentzville, MO
With all personal injury claims, you must prove the following four elements in order to win a claim for negligence:
- Duty of care — Did the landowner have an obligation to keep you from unreasonable hazards? 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. Generally, 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 breach of that obligation. 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 were running, you may not be able to show that the property owner was negligent. Similarly, if you didn't notice warning signs because you were looking at your phone, you might not have a valid claim.
- Damages — In order to make a claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical expenses, to make a claim for emotional harm and pain and suffering. If you sustained a few bumps and scrapes, but did not suffer any financial loss, you may not have a valid claim.
Halvorsen Klote's Wentzville, 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, call one of our attorneys at no charge at 866-382-4167.
Types of Premises Liability Accidents in Wentzville, MO
Slip and Falls
Falling is accounts for 33% of all nonfatal preventable injuries. Slip and falls account for 12% of total falls that lead to emergency room visits, 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 buildings, offices or hotels. The owners of these properties must guard against potential criminal activity that may reasonable occur. Examples of proper security could include a doorman or requiring a code to enter the premises. Generally, inadequate 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 typically need to take civil legal action – with the aid 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 leading cause of fatalities in children between one and four years old. Public swimming pools need to be properly supervised, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people went to the emergency room for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, malfunctioning seat belts, electrician substandard designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If they didn't and you ended up injured, our Wentzville, MO premises liability attorneys will help you secure justice and a full financial recovery.
Fire and Smoke Injuries
Local Wentzville, 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 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 blocked doors or escape routes to leaving debris around heating units.
Construction zones must be secured with obvious 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 not properly secured, you can hold the construction company responsible for premises liability.
However you suffered your injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Wentzville, MO premises liability attorneys for the maximum financial recovery you are owed.
How Much Is My Wentzville, MO Premises Liability Claim Worth?
How much your injuries worth depends on the economic, physical and mental toll your injuries cause. With skilled Wentzville, 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 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 injuries are worth will be based on how serious your injuries are, the impact they've had on 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, having a qualified lawyer on your side is essential. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the most compensation possible
- Obtain evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Take depositions from witnesses, employees or others who may be familiar with the dangerous condition
- Answer the phone when you call and answer any question you may have
- Handle all the legal aspects of your claim 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 Wentzville, 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 Wentzville, MO Premises Liability Attorneys Today
The thought of going up 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 dedicated our practice to offering the injured the same excellent legal representation as powerful corporations and insurance companies. If you were injured on someone else's property in Wentzville, MO, call our premises liability attorneys today at 866-382-4167 or contact us online for a free case review.