Legal Liability for Slip and Fall Accidents in Missouri: Know Your Rights
Slip and fall accidents happen in a second. You’re walking, going along, and before you know it, you’re hurt. Slips and falls are common and can be debilitating. If you slip and fall on someone else’s property in Missouri, the property owner might be held responsible. This website will inform you who may be at fault, what you can do, and what your rights are in Missouri. It will also teach you how to take care of yourself and your case.
What Is a Slip and Fall Accident?
A slip and fall accident is when a person slips and hurts themselves on another person’s premises. They can take place anywhere: in shops, car parks, homes, footpaths, or public places.
Some of the most common reasons are:
- Wet floors without warning signs
- Ice or snow that was not shoveled
- Rugs or mats that are loose
- Poor lighting
- Broken handrails for stairs
- Cracked sidewalks
- Unattended spills
These dangers do not seem to be major, yet they can lead to serious harm like broken bones, sprains, or head injuries.
Missouri Law on Premises Liability
Property owners in Missouri need to make their property safe. This rule is known as “premises liability.” If an owner does not correct or warn of a hazard, he or she may be held responsible. But it depends on why you were on the land:
- Invitee: You were invited, like a customer in a store.
- Licensee: You were allowed in, like a guest in a house.
- Trespasser: You weren’t allowed in. Owners only owe a slight duty here.
The owner’s obligation differs based on your reason for being there. Guests who have been invited have the greatest legal practice protection.
Proving Fault in Missouri Slip and Fall Cases
In order to win a slip and fall case, you must prove:
- The owner had a duty to make the property safe.
- They violated that duty.
- You got hurt as a direct result of the violation.
- Your injury caused actual costs (medical bills, lost wages, etc.).
It requires more than falling to succeed. You must have proof that the owner knew or should have known of the danger. Sometimes, the danger was present for a long time. That can be used as evidence of should have known. Witnesses or footage from security cameras can be utilized. You can also present evidence of complaints or reports made before your accident. That makes your case stronger.
What to Do If You Slip and Fall in Missouri
If you slip and fall:
- Get medical attention right away.
- Tell the owner of the property.
- Take pictures of the scene.
- Get names and phone numbers of witnesses.
- Preserve your clothes and shoes from that day.
- Speak to an attorney who is well-versed in Missouri law.
Small injuries can get worse later. Don’t ignore pain or dizziness. Get checked out. Save all the records. Keep a folder with your medical bills, doctor notes, and work time lost.
Time to Make a Claim in Missouri
You have five years within which to make a personal injury claim in Missouri. This is called the “statute of limitations.” Taking or delaying too long means losing your right to sue. Get started earlier rather than later. There are some special cases, like claims against the government, that may have shorter time limits. Get an attorney to check the time limits for your case. If the victim is under the age of 18 years, the timer may start when the victim turns 18 years old. That is one of the exceptions to the rule.
Damages Recoverable
When you win your case, you can recover compensation for:
- Medical bills
- Lost earnings
- Pain and suffering
- Long-term care
- Permanent disability
- Home or vehicle alterations due to injury
You may also recover from emotional distress. Slips may cause trauma, especially if you can’t return to work or care for your family. A severe slip can impact your life for decades. That’s why you must include future costs in your claim.
Who Can Be Held Liable in a Slip and Fall Claim?
You may sue the individual liable for keeping the premises safe. They may be:
- A business owner
- A landlord
- A homeowner
- A store manager
- A cleaning company
More than one person at times may be responsible. A store owner and a cleaning staff, for example, might both be responsible if a spill was not cleaned up in a timely manner. If an agency is leasing a building and maintaining the property, they may be responsible even if they are not the landowners.
Defenses Property Owners Use
Owners may allege:
- You weren’t paying attention to where you were going.
- The hazard was obvious and simple to get around.
- You were in a place you shouldn’t have been.
- Your footwear or actions made you slip.
They might attempt to blame you. That’s why your photos, reports, and medical records are important. If the risk was concealed or lacked a warning sign, that works in your favor. If other people slipped in the same area, that also works in your favor.
Do You Need a Lawyer?
Slips and falls are complex cases. It is hard to keep up with Missouri law. A lawyer can:
- Get evidence
- Negotiate on your behalf with the other party
- Get papers filed into court
- Get you good money for your harm
- Discuss your legal options
- Negotiate with insurance firms
A good experienced personal injury lawyer in Kansas City knows how to counterattack when the other party blames you. Most lawyers offer free consultations to decide if you have a claim. You only pay if you win.
Can You Prevent These Accidents?
Yes. You can decrease your risk by:
- Keeping your eyes on where you’re going while walking
- Avoiding slippery or icy floors
- Wearing traction shoes
- Grabbing handrails when walking up or down stairs
If you own property, check your walkways and stairs. Fix hazards. Add warning signs if there is a hazard. Being careful works, but sometimes it’s not enough. When another human being is careless, you can still get hurt.
FAQs
1. Can I still sue if I was partially responsible for my fall?
Yes. Missouri has “pure comparative fault.” You get some money even if you are partly to blame. The amount you get is reduced depending on your share of fault.
2. What if I fall on public property?
You may still have a claim. You may sue cities or towns, but there are guidelines. You must act immediately and do very specific things. Talk to an attorney right away.
3. How much is my slip and fall case worth?
It all depends on a lot of things: how much you’re injured, your doctor bills, and how the accident impacts your life. An attorney can provide a better indication after reviewing your case.
4. Do I need to appear in court on a slip and fall case?
Not always. Most are settled out of court. But you might want to be ready just in case it does go to court. You can have an attorney guide you through it.
5. What if the property owner had fixed the hazard after I fell?
They can still be held accountable. Fixing the problem after you fall does not make it go away. Your case takes into account what shape the thing was in when you fell.
Final Thoughts
Slip and fall accidents are not to be taken lightly. Missouri law is in your favor if you’ve been injured because of someone’s negligence with their property. Learn about your rights. Act promptly. And seek help if necessary. If you were hurt because of a slip and fall accident, contact a Kansas City Slip And Fall Accident Lawyer today. They can help you get the justice and rewards that you deserve. Don’t wait. The longer you wait, the harder it is to win your case. Get answers. Take control. Know your rights.