Slip and Fall Accidents in Missouri
If you have been injured on someone else’s property in Missouri, you may be entitled to compensation if the property owner or controller’s negligence contributed to your injury. Such cases fall under the category of premises liability claims, commonly known as ‘slip and fall’ accidents in Missouri. If successful, you may receive compensation for medical expenses, lost wages, and in certain situations, damages for pain and suffering. This compensation is applicable when the property owner’s negligence or failure to adhere to safety standards directly led to your injuries. This article, presented by the Kansas City law firm of McShane & Brady, takes a look at this type of personal injury claim and what you can do if you have been injured in a slip and fall accident.
What is Premises Liability?
The legal principle of premises liability is encompassed within the broader scope of personal injury law, specifically addressing incidents arising from accidents caused by hazardous or faulty conditions on someone’s property. Such cases are commonly known as slip and fall incidents. A premises liability claim aims to demonstrate negligence on the part of the liable party, asserting that they neglected to adhere to proper procedures and precautions to maintain the safety of the property. While the legal landscape varies across states, in Missouri, an injured party has the right to pursue legal action against the responsible party for compensation covering medical expenses, lost wages, and additional damages.
Who Is Held Responsible for Slip and Fall Accidents in Missouri?
According to Missouri law, the accountable party in premises liability cases is the individual or individuals who either owned the property or had possession or control of the premises where the accident transpired. It involves more than simply identifying the legal owner of the property; the key is to ascertain who was actively in control of the property. In essence, the focus is on determining who bore the responsibility for ensuring the safety of the premises. For instance, consider a scenario where a commercial building owner leases the property to a business. If a patron or visitor to that business sustains an injury, the building owner may not be held responsible for the accident.
In certain slip and fall incidents, determining the accountable party may not be straightforward. It is recommended that you seek guidance from a seasoned personal injury attorney in such cases.
Slip and Fall Claims in Missouri
For a claim to be successful in Missouri, an injured party, or plaintiff, must demonstrate the following points:
- A hazardous condition was present on the premises.
- The defendant was aware of or should have been aware of the danger.
- The defendant neglected to exercise caution in addressing, fixing, or warning about the hazardous condition.
- The plaintiff (injured party) suffered actual harm due to the dangerous conditions.
In many cases, proving negligence can be complex. We recommend you seek the help of an experienced personal injury lawyer.
Common Causes of Slip and Fall Accidents in Missouri
There are many conditions and circumstances that could cause a slip and fall accident but the following are some of the most common causes:
- Wet or slippery floors
- Uneven surfaces
- Cluttered walkways
- Inadequate lighting
- Unfastened cords, cables, or wires
- Inclement weather conditions left unaddressed
- Damaged or unsafe supportive handrails, banisters
- Inadequate/missing signage warning of dangerous conditions
Slip and Fall Claim Settlements
Since each slip and fall case is different, the compensation you might receive depends on your unique situation. The severity of your injuries in a premises liability case usually decides the damages you can claim. The available insurance amount and the percentage of fault from each side are also considered. Typically, compensation covers medical bills, lost wages, and sometimes future damages, lost earning capacity, and future medical expenses. To figure out what damages you may be eligible for, it’s recommended that you consult with a personal injury attorney who can analyze your case details.
Injured in a Missouri Slip and Fall Accident?
Get Prompt Medical Help
If you have been injured, the first and most important step is to get medical treatment. Not only is prompt medical attention important for your health, but it could also play a vital role in strengthening your slip and fall case.
Document the Scene
Take pictures and/or video of the area where your accident occurred and what caused your fall. Write down your account of the incident, with as much detail as possible, including if any witnesses were present. Depending on your injuries, you may not be able to document the scene at the time of your accident, but it’s best to do so as soon as possible.
Speak to a Personal Injury Attorney Right Away
In Missouri, the time limit, known as the statute of limitations, for initiating a slip and fall case is 5 years from the accident date. We recommend that you consult with an experienced personal injury attorney right away, following the incident.
If you or a family member have suffered injuries in or around Kansas City, Missouri in an accident that you suspect might be due to unsafe conditions on another person’s property, reach out to the skilled legal professionals at McShane & Brady. Our seasoned premises liability attorneys are available to talk about your situation and advocate for your rights. We are here to assist you and offer free case evaluations. We can be reached via phone at (816) 888-8010 or on our website at www.mcshanebradylaw.com. We look forward to speaking with you.