Daily, slip and fall accidents happen in Missouri. One wrong step can change your life forever. The victim is broken, with a head injury, or for life, in pain. If the slip and fall were caused by unsafe property, you may have rights. This website educates you on your rights as a Missouri slip and fall victim. It also takes you through legal possibilities. After reading it, you will understand how to take care of yourself and when you should seek assistance.
Contents
- 1 What Is a Slip and Fall Accident?
- 2 Missouri Law Regarding Slip and Fall Claims
- 3 Who is Eligible to Claim Slip and Fall?
- 4 Common Injuries in Slip and Fall Accidents
- 5 What to Do After a Missouri Slip and Fall
- 6 Damages Available to Victims
- 7 Missouri Statute of Limitations for a Slip and Fall Case
- 8 Why You Need a Slip and Fall Lawyer
- 9 Missouri Slip and Fall Case Example
- 10 FAQs Regarding Missouri Slip and Fall Cases
- 11 Final Words
What Is a Slip and Fall Accident?
Slip and fall is when one loses balance and falls due to unsafe environments. It may happen in walkways, restaurants, stores, or houses.Some of its common causes are:
- Dirty or newly cleaned floors with no warning that they are so.
- Dirty snow or ice.
- Cracked or uneven floors.
- Step and hallway lighting can be inadequate.
- Loose mats or rugs that slip
- Hazards may be left in hallways or aisles.
Property owners who fail to keep their part in a safe state can be held responsible.
Missouri Law Regarding Slip and Fall Claims
Slip and fall accidents in Missouri are regulated under the law of premises liability. According to the law, property owners have an obligation to ensure that they keep their property in good condition for guests. If they fail, they owe compensation to victims. Factors about the law to remember are:
- Duty of care: Owners must repair hazardous conditions or notify visitors of the conditions.
- Negligence: Negligence includes failure to maintain unsafe conditions on a property.
- Comparative fault: Missouri is an all-comparative fault state. You can recover damages regardless of what percentage of fault you are.
For example, if a court ruled you 30% at fault, then you would recover 70% damages.
Who is Eligible to Claim Slip and Fall?
Not all falls are eligible for an effective claim. To start with, you must be in a position to prove that the property owner was negligent. You have an effective claim if:
- The danger was there but went unnoticed.
- There was no warning indication of wet or broken floors.
- The owner had sufficient time to repair the danger but did not.
- The danger caused your injury immediately.
The following individuals can sue:
- Invitees: Commercial visitors to a home, i.e., shoppers at stores.
- Licensees: Social visitors or friends invited to a home.
- Tenants: Tenants injured in defective apartments.
Trespassers do not typically sue unless the property owner injured them with full knowledge.
Common Injuries in Slip and Fall Accidents
Slips and falls are harmless-looking accidents that result in serious injury. Victims usually suffer:
- Broken arms, legs, or wrists.
- Sprains or torn ligaments.
- Back and spine injuries.
- Traumatic head injury due to impact.
- Cuts, bruises, or dislocations.
Such injuries lead to hospitalization, therapy, or extended recovery. In some cases, victims cannot return to work.
What to Do After a Missouri Slip and Fall
When you are hurt by a slip and fall, do not hesitate. What you do in the instant can salvage your claim.
- Get immediate medical attention. Injuries that seem minor can become worse later.
- Report the incident. Notify the landlord, manager, or property owner. Get a copy of the report.
- Photograph. Take photos of the hazard, the area, and your injuries.
- Witness contact. Phone numbers and names of witnesses who saw you fall authenticate your claim.
- Maintain records. Save medical statements, work records of absence, and notes on the accident.
- Do not make statements. Never sign anything or accept fault without counsel.
- Speak to an attorney. An attorney will guide you through the process.
Damages Available to Victims
Missouri slip and fall victims can recover damages. Damages are available based on the injury and the impact it has on you. Typical damages are:
- Medical expenses: Hospitalization, surgery, medication, therapy.
- Lost wages: Lost wages because you lost time at work.
- Loss of future income: If injuries limit your future capacity to work.
- Pain and suffering: Prize for pain to your body and mind.
- Out-of-pocket costs: Taking trips to the doctor visits or renovating your home.
Every case is different. A lawyer can provide an estimate of the fair value of your case.
Missouri Statute of Limitations for a Slip and Fall Case
Missouri law gives five years as the statute of limitations within which to sue for a personal injury. The limitation starts with the accident date. You may lose the case if you allow time to lapse. Early action prevents this from happening. Early action maintains evidence and provides you with a stronger opportunity to win.
Why You Need a Slip and Fall Lawyer
Slip and fall injuries are challenging. Insurance firms deny or offer lowball settlements. A lawyer can:
- Investigate the accident.
- Take statements and assemble evidence.
- Negotiate with insurance companies.
- Prepare court documents well.
They appear on your behalf in court or negotiations. An experienced Kansas City Slip And Fall Accident Lawyer ensures there is a high probability of success on fair compensation.
Missouri Slip and Fall Case Example
A customer trips on a spilled drink on the floor at a supermarket. It was not warned about or cleaned up by the supermarket. The wrist of the customer is hurt and he has to remain at home for three months. The victim sues. The judge assigns 80% to the supermarket and 20% to the customer for being too careless about where he was going. The victim’s injury is worth $50,000. Due to comparative fault, the victim receives $40,000. That’s the way the law in Missouri plays out in the real world.
FAQs Regarding Missouri Slip and Fall Cases
1. Can I sue if I slipped on ice in front of a store in Missouri?
Yes. If the store failed to treat or clear the ice, you may have a case.
2. What if I was partially responsible for my slip and fall?
You can collect damages under Missouri’s comparative fault law but reduced.
3. How long do slip and fall cases in Missouri take?
Some resolve in months, others in years if there is a trial.
4. Do I need to retain a lawyer for a minor slip and fall injury?
Yes, in case of a medical bill or lost wages at work. Minor claims snowball.
5. What does the owner do if he or she does not have insurance?
You may sue the owner personally. A lawyer will advise you regarding recovery possibilities.
Final Words
Missouri slip and fall accidents are serious. Victims suffer pain, medical bills, and lost income. State law protects your right to fair compensation. If you or a loved one were hurt, take action today. Report the incident, save evidence, and talk to a Kansas City personal injury lawyer. You’re taking your first step toward recovery by learning about your rights.
