What to Do After a Slip and Fall Accident in Missouri

In Missouri, property owners must maintain their premises to ensure their safety for visitors. If they fail to do so and someone is injured, the victim may recover damages in a premises liability lawsuit against the person or company that owns the property.

Proving liability in a slip and fall case can be complex. You must establish that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it. However, with the right approach and the assistance of a reputable injury attorney, it’s possible to hold a negligent property owner accountable and seek compensation for your slip and fall. It’s essential to consult a knowledgeable personal injury attorney in Missouri to understand how these laws apply to your case and navigate the legal process effectively.

After a slip and fall accident in Missouri, here’s what you should do:

1. Seek medical help. Your health and safety should be your top priority. Even if you feel fine at first, getting evaluated by a medical professional to ensure no hidden injuries is essential.
2. Document the accident scene. Take photos or videos of where the slip and fall happened. Make sure to capture any hazardous conditions, such as uneven flooring, spills, or inadequate lighting.
3. Report the slip and fall accident. Notify the property owner, manager, or supervisor about the incident immediately. Make sure to obtain a copy of the incident report for your records.
4. Collect witness information. If there were any witnesses to the accident, collect their contact information. Witness testimony can be valuable when determining liability.
5. Preserve evidence. Keep any clothing or shoes worn during the accident, as they may serve as evidence. Also, hold onto any medical records, bills, and receipts for your injury and treatment.
6. Consult with a personal injury attorney. Consider hiring a personal injury attorney who specializes in slip and fall cases. They can help determine who is liable for your accident, guide you through the legal process, and ensure you receive the maximum compensation you’re entitled to by law.

Missouri Slip and Fall Laws

In Missouri, slip and fall cases are generally governed by premises liability laws, which hold property owners responsible for maintaining safe conditions on their premises. Here are some critical aspects of slip and fall laws in Missouri.

Who Can Be Liable for a Winter Slip and Fall?

Under Missouri’s premises liability laws, anyone who owns, occupies, or controls property can be held responsible for injuries caused by unsafe conditions on that property. This includes:

• Homeowners and landlords
• Business owners and tenants
• Property management companies
• Government entities (for accidents on public property)

Proving Negligence

To establish liability in a slip and fall case, the injured party (plaintiff) must prove that the property owner (defendant) was negligent. This typically involves demonstrating:

• The existence of a hazardous condition on the property.
• The property owner knew or should have known about the hazard.
• The property owner failed to take reasonable steps to address the hazard or warn visitors about it.
• You suffered injuries as a result of the negligence.

Comparative Fault

Missouri follows a comparative fault system, which means that if the victim is found to be partially responsible for the accident, their compensation may be reduced proportionally. However, if the injured party’s fault is less than 50%, they may still recover damages.

Statute of Limitations

In Missouri, there is a limited time frame, known as the statute of limitations, within which slip and fall lawsuits must be filed. The statute of limitations for personal injury cases, including slip and fall accidents, is typically five years from the accident date.

Damages

Suppose a property owner is found liable for a slip and fall accident. In that case, the injured party may be entitled to various damages, including medical expenses, lost wages, pain and suffering, and property damage.

The “Natural Accumulation” Rule in Missouri

Missouri courts have historically recognized what’s called the “natural accumulation” rule, meaning property owners aren’t always liable for injuries caused by snow or ice that results directly from natural weather conditions. However, if the owner’s actions made the hazard worse, for example, by redirecting water that later refroze into ice, or if they ignored a dangerous condition for an unreasonable amount of time, they can still be held accountable.

Because the law can be complex and highly fact-specific, having an experienced attorney investigate your case is critical.

If you or someone you love has been injured in a slip and fall accident, hiring a skilled Missouri personal injury attorney at The Goss Law Firm can help ensure you’re covered for your injuries, damages, pain and suffering, and more. Speak with us for free today.

Common Causes of Winter Slip and Fall Accidents

During the winter months, property owners and businesses must be particularly vigilant about maintaining the safety of their premises. Some of the most common causes of slip and fall injuries include:

• Ice or snow accumulation on sidewalks, driveways, and entryways
• Wet or slushy floors near entrances
• Poor drainage or melting ice refreezing overnight
• Failure to use salt, sand, or warning signs
• Uneven or cracked pavement hidden beneath snow

Although ice and snow are a part of Missouri winters, property owners still have a legal duty to maintain safe conditions for those lawfully on their premises.

Common Mistakes to Avoid After A Slip and Fall

When injured in a slip and fall caused by someone else’s negligence, you are faced with many important decisions to make, both in the present moment and the long term. It’s hard to know when you’re making the right choices for your best chance at compensation for the accident, which is why the assistance of a personal injury attorney is crucial. However, to build the most promising case for compensation, you must know what to steer clear of. If you or a loved one is navigating insurance claims or legal action following a slip and fall, you should avoid:

1. Leaving the scene without gathering evidence. Evidence of the cause of a slip and fall is vital for making your best personal injury case. This could be through photos and videos, witnesses, and damaged clothing or belongings from the accident. If you have a witness(es), you must collect their contact information before you leave the premises.
2. Refusing medical treatment, even if you feel “fine.” You should always seek medical attention after a slip and fall even if it feels like there is no need. This could be through a hospital visit or an appointment with your doctor. Not only will this add credibility to your insurance claim or lawsuit, but it could prevent future injuries from occurring. Symptoms of serious physical trauma such as traumatic brain injuries and spinal cord injuries may be delayed.
3. Failing to notify the property owner. Before you leave the scene of the accident, you must bring it to the attention of the premises’ owner or management. You should share only the vital information of what happened. 
4. Giving a recorded statement to your insurance company. The only necessary communication you should have with your insurance company is description of the accident. You should deny any requests from an insurance company for a recorded statement when making a claim, as they are skilled at using what you say against you.
5. Most importantly, handling everything on your own. Slip and falls can be traumatic, and navigating the claims or litigation process afterwards can be overwhelming. Regardless of the action you take following a slip and fall, a skilled personal injury attorney makes all the difference at ensuring a speedy and stress-free recovery. 

The Duty of Care: What Property Owners Are Required to Do

In Missouri, the property owner’s responsibility depends on your legal status of the property:

• Invitees (such as store customers or hotel guests) are owed the highest duty of care. Owners must inspect the property regularly and take steps to prevent harm from foreseeable hazards, such as icy walkways or wet entry floors
• Licensees (such as social guests or delivery workers) must be warned of known, hidden dangers
• Trespassers are generally not entitled to the same level of care, although there are exceptions, especially for children

If a dangerous condition, such as ice or snow, is left untreated for an extended period, or if a property owner fails to salt or shovel walkways in a reasonable amount of time after a storm, they may be found negligent.

Why Should I Hire a Slip and Fall Accident Attorney?

Hiring a personal injury attorney for your slip and fall accident can be beneficial for several reasons:

• Legal expertise. Personal injury attorneys have specialized knowledge and experience navigating slip and fall cases. They understand the relevant Missouri laws and can effectively advocate for your rights.
• Investigation and evidence gathering. An attorney can thoroughly investigate the accident, gather evidence, and interview witnesses to strengthen your case.
• Negotiation with insurance companies.Insurance companies may try to minimize your claim or deny liability altogether. A skilled slip and fall attorney can negotiate with the insurance company on your behalf to seek fair compensation for your injuries.
• Representation in court. If a fair settlement cannot be reached, your attorney can represent you in court and advocate for your interests during litigation.

When to Call a Missouri Slip and Fall Lawyer

Slip and fall cases can be particularly challenging, especially when they occur in winter weather conditions. Property owners and insurance companies may argue that the hazard was “open and obvious” or that they had no reasonable opportunity to fix it. That’s why having an attorney who understands Missouri’s premises liability laws is so important.

At The Goss Law Firm, we have years of experience helping injured clients throughout Kansas City and across Missouri hold negligent property owners accountable. We handle the investigation, gather evidence, and fight for the compensation you deserve for medical expenses, lost wages, pain and suffering, and other related costs.

We’re Compassionate Slip and Fall Attorneys in Missouri

At The Goss Law Firm, we understand and have seen the mental, physical, and financial impact of a slip and fall accident firsthand. Our slip-and-fall attorneys are ready to put our experience to work to protect your rights, hold the property owner accountable, and help secure the compensation and justice you deserve for your slip and fall accident.

Contact us today by calling our office at (816) 888-5000 for a free legal consultation.