Winter Slip and Fall Accidents in Missouri: Who Is Liable?
When winter arrives in Missouri, snow, ice, and freezing rain often create hazardous walking conditions. Whether you’re stepping out of your car, walking into a store, or crossing a parking lot, one misstep on a slick surface can lead to a serious injury. Broken bones, concussions, and back injuries are common after a winter slip and fall, and figuring out who is responsible isn’t always simple. If you’ve been injured in a winter slip and fall accident, it’s essential to understand your rights under Missouri law and what steps to take next.
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.
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)
To hold a property owner liable, you must show that:
- The owner owed you a duty of care
- The owner knew or should have known about the dangerous condition (like ice or snow buildup)
- The owner failed to take reasonable steps to fix or warn about it
- You suffered injuries and damages as a result.
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.
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.
Comparative Negligence: Shared Fault in Slip and Fall Cases
Missouri follows a pure comparative negligence rule. That means if you’re found partially at fault for your own fall—for instance, if you were looking at your phone or wearing unsafe footwear—your compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 but you are found to be 20% at fault, you could still recover $80,000.
Insurance companies often try to use this rule to shift blame to the injured person. A skilled attorney can help counter these tactics and protect your right to full compensation.
What To Do After a Winter Slip and Fall
If you slip and fall on ice or snow this winter, take these steps to protect yourself and your potential claim:
- Seek medical attention immediately. Even minor falls can cause serious injuries that worsen over time.
- Report the incident to the property owner or manager.
- Document the scene. Take photos or videos of the area, especially the ice or hazard that caused your fall.
- Gather witness information if anyone saw what happened.
- Avoid speaking to insurance adjusters before talking to an attorney. Anything you say could be used to reduce or deny your claim.
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.
Contact The Goss Law Firm Today
If you were injured in a winter slip and fall accident, don’t wait to get help. Under Missouri law, you generally have five years from the date of your injury to file a lawsuit—but the sooner you act, the stronger your case can be. At The Goss Law Firm, our slip and fall attorneys are here to help you get justice and move forward after your injury, because you deserve more than just an apology.
Contact us today by submitting a form online or calling our office at (816) 888-5000 for a free consultation.
