Premises Liability Attorneys Winfield, MO
Winfield, MO Personal Injury Law Firm
Call 866-382-4167 for a Complimentary Case Review | Winfield, MO Slip and Fall Law Firm
Premises liability attorneys in Winfield, MO. Anyone who owns or operates a property in Winfield, MO has a duty to ensure their property is reasonably safe for people who are legally on it. Unfortunately, a lot of times they neglect that duty, and innocent people who did nothing wrong get hurt. When that happens, you need experienced Winfield, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same standard of 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. Speak to 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.
The laws in each state are largely similar: A property owner has an obligation to warn against or fix a "dangerous condition" they either knew of or should have known of through reasonable care. If they don't, they can be held accountable for any injuries sustained because of the poorly maintained property.
The states do differ in one key aspect, related to the duty of care owed to different types of visitors.
Types of Visitors in Winfield, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone whose presence on the property benefits the property owner or manager. This can be people dining at a restaurant or someone watching a movie at a movie theater. Invitees can also be considered people on property the public is allowed to be on, such as bike paths or a library. Those in control of the property are liable 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 consent, but to the benefit of either solely the licensee or neither of them. This can mean a family member staying at your house, but the law might apply to someone who stopped into an establishment just to ask for directions. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for dangers they had express knowledge of; the "should have known" standard doesn't apply when a licensee is injured.
- Trespassers — Trespassers are on the property without consent of the property owner. Therefore, they do not have the same rights as invitees and licensees, meaning they can't sue the property owner for a financial recovery. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, a landowner can still be liable 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 trespassers to get hurt, the trespasser may be able to sue the owner.
- Under the attractive nuisance doctrine, property owners might 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 power tools. In this instance, the child and their family can make a claim for a financial recovery.
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 property owner or manager have an obligation to keep you from unreasonable dangers? 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 responsibility, that constitutes a violation of that responsibility. 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 hazardous condition cause or contribute to your injuries? If you fell because you had improper footwear for conditions, you may not be able to show that the property owner was negligent. Likewise, if you didn't observe warning signs because you weren't looking where you were going, the property owner may argue that your inattention caused your injuries, not the dangerous condition.
- Damages — To have a valid claim, you need to have suffered harm. Usually, you need to show economic harm, including lost wages and medical expenses, to make a claim for how the injury impacted you physically and emotionally. If you sustained a minor cut, but had no expenses due to your injury, you may not have a valid claim.
Halvorsen Klote's Winfield, 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, call one of our attorneys for free today at 866-382-4167.
Most Common Premises Liability Lawsuit in Winfield, MO
Slip and Falls
Falling is by far the most common nonfatal preventable injury. Slip and falls account 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:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose cords
- Uneven flooring, rugs or carpeting
These cases often arise in apartment complexes, office buildings 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 keycard to enter the property. Generally, lawsuits for inadequate or negligent security occur 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 help 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 are most common in children. Drowning is the leading cause of death to children between one and four years old. Public swimming pools must have lifeguards, and have strict measures to protect children from injuring themselves.
In 2016, more than 30,000 people sought emergency medical attention for injuries sustained at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electrician structural issues. Anybody who operates a theme park must ensure that the rides meet safety requirements. If they didn't and you ended up injured, 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 blocked doors or escape routes to leaving debris around heating units.
Construction companies have a duty to keep their construction zones safe. If you were hurt in a construction site accident in a slip and fall, car accident or by falling debris because the site was dangerous, 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 was negligent, call Halvorsen Klote's Winfield, MO premises liability attorneys for the best possible compensation you deserve.
How Much Is My Winfield, MO Premises Liability Claim Worth?
The damages you recover after a premises liability accident are meant to compensate you for the financial, physical and emotional hardships your injuries cause. With knowledgeable Winfield, 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 transportation to and from medical appointments
- Noneconomic damages like pain and suffering, mental anguish, disability, disfigurement and loss of consortium
How much your premises liability injuries are worth depends mostly on how serious your injuries are, the impact they've had on your life and the abilities of your Winfield, MO premises liability attorneys.
How Winfield, MO Premises Liability Attorneys Can Help
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 come up with a legal strategy that gets you the best possible results
- Gather evidence, including maintenance reports, inspections, previous complaints filed and/or video 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 documentation and litigation so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the liable party to 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:
- 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
Call Halvorsen Klote's Winfield, MO Premises Liability Attorneys Today
The idea of going up against a large insurance company can be daunting to many. 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 lives to helping the average person get the same high-quality legal representation as the people who injured them. If you were injured because of a Winfield, MO property owner's negligence, call our premises liability attorneys today at 866-382-4167 or fill out our online form 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.