Premises Liability Attorneys Wildwood, MO
Wildwood, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Consultation | Wildwood, MO Slip and Fall Law Firm
Premises liability attorneys in Wildwood, MO. Property managers in Wildwood, MO have a responsibility to take reasonable measures to prevent injuries on the premises. But too often, they fail in that responsibility, and good people who did nothing wrong get hurt. When that happens, you need dedicated Wildwood, MO premises liability attorneys to get you the full financial recovery you're entitled to. At Halvorsen Klote, our attorneys are committed to leveling the playing field between large corporations and insurance companies and injury victims 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?
The laws in each state are largely similar: A property owner has a duty to inform people of or fix a "dangerous condition" they either knew of or should have known of through reasonable care. If they fail in that responsibility, they are responsible for any injuries sustained as a result 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 Wildwood, MO Premises Liability Cases
The law distinguishes between three classes of visitors in premises liability claims:
- 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 someone watching a movie at a movie theater. A public invitee is someone on property that the public can access, such as recreational areas 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 is on the property with the owner's permission, but for personal, non-business reasons. This can mean a friend coming over for dinner, but the law might apply to someone who stopped into a restaurant just to ask for directions. In Illinois, licensees have the same rights as invitees. In Missouri, property owners are only liable for dangers they knew about; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property illegally. 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:
- 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 responsible.
- Under the attractive nuisance principle, a child who is trespassing may be considered an invitee. 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 power tools. In this instance, the child and their family can make a claim for a financial recovery.
Proving Your Premises Liability Claim in Wildwood, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the property owner or manager owe you a duty of care to prevent unreasonable risks of injury? 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 your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they fail in their obligation, that constitutes a breach of that duty. That could mean not repairing a broken staircase, or not putting a "wet floor" sign out.
- Causation — Did the dangerous condition directly cause your injuries? If you fell because you had improper footwear for the area, you may not have a valid claim against the property owner. Likewise, if you didn't observe an obvious hazard because you weren't looking where you were going, 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 loss, including lost wages and medical expenses, to get a financial recovery 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 Wildwood, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 at no charge at 866-382-4167.
Types of Premises Liability Cases in Wildwood, 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
These cases often arise in apartment buildings, office buildings or hotels. The owners of these properties must take reasonable steps to ensure that dangerous people don't have access to the building, or certain areas of it. Examples of proper security could include security guards or requiring a code to enter the premises. Generally, negligent security claims are filed 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 file a civil lawsuit – 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 are most common in 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, an estimated 30,900 people went to the emergency room for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, malfunctioning safety belts, electric shocks substandard designs. Amusement park owners must ensure that the rides meet safety requirements. If you were injured because of their negligence, our Wildwood, MO premises liability attorneys will help you secure justice and a full financial recovery.
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 Wildwood, 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 not properly secured, you can file a lawsuit against the construction company.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Wildwood, MO premises liability attorneys for the maximum financial recovery you are owed.
How Much Is My Wildwood, MO Premises Liability Claim Worth?
How much your injuries worth depends on the financial, physical and mental hardships your accident caused. With talented Wildwood, MO premises liability attorneys, you cans secure a financial recovery:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity 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, physical impairment, disfigurement and loss of consortium
How much your premises liability injuries are worth will be based on how serious your injuries are, how they have affected your life and the abilities of your Wildwood, MO premises liability attorneys.
What Our Wildwood, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is paramount. When you hire us, our premises liability attorneys will:
- Investigate the circumstances surrounding your injuries and come up with a legal strategy to prove negligence
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or video footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be and answer any question you may have
- Handle all documentation and litigation so you can focus on healing
- Negotiate a settlement on your behalf
- 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 Wildwood, 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
Reach Out to Halvorsen Klote's Wildwood, MO Premises Liability Attorneys Today
The notion of going up against a large insurance company can be daunting to a lot of people. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you are owed. We've devoted our practice to offering injury victims the same expert legal advocacy as the people who injured them. If you were injured on someone else's property in Wildwood, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case review.