Premises Liability Attorneys Winfield, MO
Winfield, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Case Evaluation | Winfield, MO Slip and Fall Attorneys
Premises liability attorneys in Winfield, MO. Property managers in Winfield, MO have a responsibility to take reasonable precautions to prevent people who enter the premises from becoming hurt. Unfortunately, a lot of times they fail in that responsibility, and innocent people are injured through the property owner's negligence. If you or a loved one was injured on someone else's property, you need knowledgeable Winfield, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are devoted 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. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a no-risk, no-obligation case review.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a responsibility to inform people of or fix a "dangerous condition" they either were aware of or should have known of through reasonable maintenance. If they neglect that obligation, they are responsible for any injuries sustained because of the dangerous condition.
The states do differ in one key aspect, and it concerns the duty of care property owners must give different categories of visitors.
Types of Visitors in Winfield, MO Premises Liability Cases
The law distinguishes between three classes of visitors in premises liability claims:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can include a customer in a retail store or hotel guests. 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 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 for personal, non-business reasons. This can mean a friend staying at your house, but the law might apply to someone who stopped into a restaurant just to use the restroom. In Illinois, licensees have the same legal protections 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 without permission of the property owner. Therefore, they do not have the same protections as people that are allowed to be there, meaning they can't sue the property owner for a financial recovery. There are a couple of exceptions:
- Pursuant to Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton conduct." Meaning, if the owner created or maintained a hazardous condition 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, ladders or old appliances. In this instance, the family of the child may still make a claim against the landowner for the child's injuries.
Proving Your Premises Liability Claim in Winfield, MO
With all personal injury claims, you must prove the four elements of negligence:
- Duty of care — Did the landowner owe you a duty of care to prevent unreasonable risks of injury? The degree of a landowner's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is legally on the property is owed a duty of care.
- Breach of duty — If they neglect their duty, 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 has a dangerous condition.
- Causation — Did the dangerous 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 see an obvious hazard because you were looking at your phone, you might not be able to make a 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 economic loss, including lost wages and medical bills, to get a financial recovery 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 Winfield, MO premises liability attorneys have gotten great results for our clients in a variety of cases. 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 Winfield, 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 number one reason people need to lose days from work.
Slip and falls can be caused by:
- Wet or oily floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- 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 a doorman or requiring a code to enter the property. Typically, lawsuits for inadequate or negligent security are filed 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 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 usually happen to children. Drowning is the leading cause of death to children under the age of five. Public swimming pools need to have lifeguards, 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. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electrician poor designs. Amusement park owners must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Winfield, 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 Winfield, 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 missing or broken sprinkler systems.
Construction zones 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 not properly secured, you can hold the construction company responsible for your injuries.
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 Winfield, MO premises liability attorneys for the maximum financial recovery you are owed.
How Much Is My Winfield, MO Premises Liability Claim Worth?
How much your injuries worth depends on the financial, physical and mental toll your accident caused. With talented Winfield, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning potential 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, emotional distress, disability, scarring and loss of consortium
How much money you get in your premises liability settlement will be based on how serious your injuries are, how they have affected your life and the skill and experience of your Winfield, MO premises liability attorneys.
What Our Winfield, MO Premises Liability Attorneys Can Do For You
When it comes to pursuing a premises liability case, the role of a lawyer is crucial. As part of our legal services, our premises liability attorneys will:
- Investigate the accident and come up with a legal strategy to prove negligence
- Acquire evidence, including maintenance reports, inspections, previous complaints filed and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of the hazard
- Be available whenever you need us to be 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
- 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 Winfield, 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
Call Halvorsen Klote's Winfield, MO Premises Liability Attorneys Today
The notion of having to fight back against a large insurance company can be intimidating. But, if they or their policyholder injured you by their negligence, you are entitled to full compensation. We've committed our practice to offering injury victims the same excellent legal advocacy as powerful corporations and insurance companies. If you were injured on someone else's property in Winfield, MO, call our premises liability attorneys today at 866-382-4167 or fill out our online form for a free case evaluation.