Slips and falls can inflict severe injuries, or worse. In Missouri, property owners must keep their property safe. If an injury happens because something is wrong, they may be liable for those injuries. In that case, you may be entitled to recovery. Recovery may include medical bills, lost wages, and pain and suffering. To recover money in a slip and fall injury, there is a need for evidence, legal experience, and knowledge of Missouri law.
What Is Premises Liability in Missouri?
Premises liability is the legal duty of property owners to maintain safety. In Missouri, owners must fix hazards they know about or should know about. They must also warn visitors of dangers they cannot fix right away. Unsafe conditions may include:
- Wet floors without warning signs
- Broken steps or railings
- Paths that aren’t smooth
- Broken lighting in environment fellow or in the courtyards and parking areas
- Ice or snow not cleared in timely manner
If an owner neglects this duty, they may be liable in damages to any person they injured.
Common Causes of Falls
Falls happen in many ways. Some common causes in Missouri include:
- Slippery surfaces
When drinks are spilled, there’s a leak, or we’ve just mopped, we can have slip and fall events.
- Poor maintenance
Things like loose tile, ripped carpets, cracked sidewalks can cause a visitor to trip.
- Weather hazards
Ice and snow must be removed from sidewalks.
- Obstacles and Clutter
Cords, boxes, or debris can block paths. - Bad Lighting
Dark stairwells or parking lots make hazards hard to see.
Injuries Caused by Falls
Falls can lead to mild or severe injuries. Common injuries include:
- Broken bones
- Head injuries or concussions
- Sprains and strains
- Back or spinal injuries
- Cuts and bruises
Some injuries heal in weeks. Others cause lasting pain or disability. Older adults face higher risks from falls.
Missouri Laws on Premises Liability
In Missouri, liability depends on the status of the visitor:
- Invitee: A person invited for business, like a shopper in a store. Owners owe the highest duty of care.
- Licensee: The licensee or social guest is an individual who has permission to enter the property, and the property owner has a duty to warn the licensee of known danger conditions.
- Trespasser: A person enters a property without permission. The property owner has a limited duty, and will not do anything intentionally to harm a trespasser.
Missouri uses comparative fault rules. This means if you were partly at fault, your compensation may be reduced.
Why Proving Fault Is Hard
Proving fault in a fall case can be tricky. You must show:
- The property owner had a duty to keep you safe.
- They failed to meet that duty.
- Their failure caused your injury.
- You suffered damages like medical bills or lost income.
Owners and insurance companies may argue the hazard was obvious or that you were careless. Without strong evidence, your case may fail.
When to Hire a Lawyer
You should talk to a lawyer if:
- Your injury is serious or long-term.
- The owner denies fault.
- The insurance company offers a low settlement.
- You face high medical bills or lost wages.
- Evidence is hard to collect.
An affordable local Kansas City personal injury lawyer can investigate, gather proof, and deal with insurers. They can also explain Missouri’s deadlines for filing claims. Missing these deadlines can cost you your case.
How a Lawyer Helps
A premises liability lawyer can:
- Visit the accident site and take photos
- Interview witnesses
- Get security camera footage
- Hire experts to examine the hazard
- Negotiate with insurance companies
- File a lawsuit if needed
They can also guide you on what to say and what not to say to insurers.
Steps to Take After a Fall
If you fall on someone’s property in Missouri:
- Get Medical Help
See a doctor right away, even if you feel fine. Some injuries appear later. - Report the Incident
Tell the property owner or manager. Get a copy of the report. - Collect Evidence
Take photos of the hazard, your injuries, and the scene. - Get Witness Info
Ask for names and contact details of anyone who saw the fall. - Keep Records
Save medical bills, receipts, and proof of lost wages. - Avoid Giving Statements
Do not admit fault or make guesses. Speak to a lawyer first.
Missouri’s Time Limit for Claims
In Missouri, you generally have five years to file a premises liability lawsuit. But some cases have shorter deadlines. Starting early helps you collect fresh evidence and avoid delays.
Insurance Companies and Settlements
Insurance companies may try to settle quickly and cheaply. They may:
- Claim you were careless
- Say the hazard was obvious
- Offer less than your claim is worth
A lawyer can push for a fair settlement. They know the tactics insurers use to avoid paying full value.
Costs of Hiring a Lawyer
Most Missouri premises liability lawyers work on a contingency fee. This means they get paid only if you win. The fee is usually a percentage of your settlement or award. This lets you get legal practice management help without paying upfront.
Protecting Your Rights
Do not wait to get advice. Property owners and insurers often act fast to protect themselves. They may fix the hazard or lose video footage. Acting quickly helps keep your evidence strong.
Final Words
Falls can alter your life forever. In Missouri, landowners are required to protect you from harm. If they act negligently, they are liable, and you may be able to recover damages. You have to demonstrate your case in court, which takes experience. Hiring an experienced Slip And Fall Accident attorney near me in Kansas City gives you the best chance to receive compensation.
FAQs
1. What is the statute of limitations in Missouri for bringing a claim for premises liability?
In most situations, the answer is generally five years from the date you were injured. But some situations may have shorter limitations periods so it is likely a good idea to take action sooner than later.
2. What if I was partly at fault for my fall?
Missouri uses comparative fault. Your compensation will be reduced by your percentage of fault.
3. Can I sue if I fell at a friend’s house?
Yes, if they failed to warn you about known hazards. Their homeowner’s insurance may cover the claim.
4. Do I need a lawyer for a small injury?
Not always. But if you have high medical costs or missed work, legal help can be valuable.
5. What if the property owner fixes the hazard after my fall?
You can still file a claim. Quick repairs do not erase their legal duty before the accident.
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