Premises Liability Attorneys Wildwood, MO
Wildwood, MO Personal Injury Law Firm
Call 866-382-4167 for a Free Case Evaluation | Wildwood, MO Slip and Fall Attorneys
Premises liability attorneys in Wildwood, MO. Property owners 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. If you or a loved one was injured on someone else's property, you need knowledgeable Wildwood, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same excellent legal representation as large corporations and insurance companies. 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 contact us online for a complimentary case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
Missouri Revised Statute §537.348 and the Illinois Premises Liability Act stipulate the premises liability laws for both states.
Both states treat premises liability fairly similarly: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either knew of or should have known of through reasonable diligence. If they fail in that obligation, they are responsible for any injuries sustained as a result of the dangerous condition.
The states are different in one key way, related to the duty of care property owners must give different types of visitors.
Types of Visitors in Wildwood, MO Premises Liability Cases
The law distinguishes 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 residents in an apartment complex. Invitees can also be considered people on property the public is allowed to be on, for example 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 there is no express financial benefit to either of them. These can be social guests, but the law might apply to someone who came into a grocery store just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. 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 premises illegally. Because of that, they do not have the same rights as invitees and licensees, meaning they can't make a claim to get compensated for their injuries. There are two exceptions:
- Pursuant to 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 misconduct." Meaning, if the owner created or maintained a hazardous condition because they wanted to injure a trespasser, they can still be held liable.
- Under the attractive nuisance theory, property owners may be liable if a child gets hurt while trespassing. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, ladders or power tools. 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 Wildwood, MO?
In any personal injury case, you must demonstrate how the four elements of negligence are present in your case:
- Duty of care — Did the landowner owe you a duty of care to keep you from unreasonable dangers? The degree of a landowner's responsibility to keep you safe depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in 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 putting a "wet floor" sign out.
- Causation — Did the dangerous condition cause or contribute to your injuries? If you fell because somebody ran into you, you may not be able to show that the property owner was negligent. Likewise, if you didn't observe an obvious hazard because you were looking at your phone, you might not have a valid claim.
- Damages — In order to make a claim, you need to have suffered harm. Usually, you need to show financial loss, such as lost wages and medical bills, to get a financial recovery for emotional harm and pain and suffering. If you sustained a minor cut, but did not suffer any financial loss, you likely do not have enough to make a case.
Halvorsen Klote's Wildwood, MO premises liability attorneys have proven numerous premises liability claims. If you want to see if you have a 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.
Types of Premises Liability Cases in Wildwood, MO
Slip and Falls
Falling is accounts for a third 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 complexes, offices 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 this could include security guards or needing a keycard to enter the premises. Generally, inadequate security claims occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll typically 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 fences and lifejacket rules should also be in place to help protect children.
In 2016, over 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Negligence can include mechanical issues, operator error, collisions, ride ejections, electric shocks substandard designs. 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 Wildwood, 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 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 sites need to 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 hold the construction company responsible for your injuries.
Whatever the nature of your specific injuries, if you were injured because a property owner or manager was negligent, call Halvorsen Klote's Wildwood, MO premises liability attorneys for the maximum compensation you deserve.
What Compensation Can I Receive For My Wildwood, MO Premises Liability Injuries?
How much your injuries worth depends on the economic, physical and mental toll your injuries cause. With talented Wildwood, 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, disability, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on the severity of your injuries, the impact they've had on your life and the abilities of your Wildwood, MO premises liability attorneys.
How Wildwood, 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 develop a legal strategy to prove negligence
- Obtain evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Interview 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 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 Wildwood, MO include:
- 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
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
Reach Out to Halvorsen Klote's Wildwood, MO Premises Liability Attorneys Today
The idea of having to fight back against a large corporation can be intimidating. But, if you were injured because of someone else's negligence, nothing should be able to keep you from getting the financial recovery you deserve. We've devoted our lives to helping the average person get the same high-quality legal advocacy as powerful corporations and insurance companies. If you were injured because of a Wildwood, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or contact us online for a complimentary consultation.
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.
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.