Slip and fall accidents happen suddenly, but their consequences can last a lifetime. Medical bills can pile up quickly, especially if you’re unable to work due to your injuries. You may wonder whether you have legal options. The short answer is yes. In Missouri, you can sue for a slip and fall—but there are important factors to consider.
Understanding Slip and Fall Accidents
Slip and fall accidents are a kind of premises liability claim. A premises liability claim arises when someone falls after they slip or trip because of a hazardous condition on someone else’s property. Common causes include wet floors, icy sidewalks, uneven surfaces, poor lighting, or obstacles in walkways.
Missouri’s Premises Liability Laws
Missouri property owners have a legal obligation to keep their premises in a reasonably hazard-free condition for visitors. This duty extends to both commercial properties (like stores and restaurants) and private residences. This duty can vary depending on the visitor’s status:
- Invitees: These are individuals invited onto the property for the owner’s benefit, Store, customers are an example. Property owners owe the highest duty of care to invitees. They must inspect the premises and repair dangerous conditions they find or warn invitees about them.
- Licensees: These are social guests or individuals on the property with the owner’s permission. The property owner must warn licensees of known dangers.
- Trespassers: Property owners generally don’t owe a duty to trespassers except to avoid intentionally or wantonly harming them.
Proving Negligence in a Slip and Fall Case
Suing for a slip and fall in Missouri requires a showing that the property owner was negligent. You must demonstrate that:
- The property owner’s duty was to keep you safe.
- They failed to maintain safe conditions or warn of hazards and breached that duty.
- Their breach directly caused your accident and injuries.
- You suffered actual losses as a result.
Photographs of the hazardous condition, incident reports, witness statements, and medical records documenting your injuries can all serve as evidence to establish these elements.
Missouri’s Comparative Fault Rule
Missouri has a “pure comparative fault” rule that applies in personal injury cases. This means that if you’re found to share blame for your accident, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found to be 20% at fault, your award would be reduced by $20,000, so you would receive $80,000.
While this rule allows accident victims to be compensated even if they are partly to blame for their injuries, it also means the insurance company may work to prove that you contributed to the accident in order to reduce the amount you’re owed. This highlights the importance of hiring an experienced attorney who will effectively argue your case and minimize any assertions of fault against you.
Time Limits for Filing a Slip and Fall Lawsuit
In Missouri, the statute of limitations for personal injury cases, including slip and falls, allows five years from the date of the accident for the injured person to file a lawsuit for compensation. However, it’s crucial to begin the legal process as soon as possible. Evidence can disappear, and witnesses’ memories can fade. Waiting too long may hurt your chances of a successful claim resolution.
How Privette Law Office Can Help
Dealing with a slip and fall case can be complex, especially when you’re coping with injuries and recovery. The personal injury lawyers at the Privette Law Office have nearly 40 years of experience representing personal injury victims in Southern Missouri. We understand the tactics insurance companies use to minimize payouts, and we’re prepared to fight for the full compensation you deserve.
Our team of lawyers will guide you through every step of the legal process. We don’t just prepare for quick settlements—we prepare to obtain just compensation, whether through settlement or trial.
If you’ve been hurt in a slip and fall accident in Missouri, don’t face the legal system alone. Contact the Privette Law Office in Willow Springs today for a free consultation and learn how we can help protect your rights and secure the compensation you deserve.