Slips and falls can happen in a matter of seconds. One second you’re fine. Next, you’re hurt and not even sure what happened. Missouri property owners are required to ensure their property is safe. If they fail in doing so, you have the right to make a claim. In this article, you will learn what your rights are and what you can do.
What Is a Slip and Fall Accident?
Slip and fall are slipping and bumping the floor. Falls are commonly experienced in malls, sidewalks, and parking lots. Wet floors, loose carpets, poor lighting, or ice are the cause why they happen. No one ever expects a fall to be serious. Falls result in broken bones, head injuries, and chronic pain. It affects older people more. When you slip and get hurt because someone else did not take measures to remove the hazard, you do have recourse. Missouri law assists victims injured by dangerous conditions.
Where Do Falls Most Frequently Happen?
Slippery falls can happen nearly anywhere. Some of the most common are:
- Slippery store floors
- Holey or icy parking lots
- Broken sidewalks
- Handrail-less staircases
- Restaurants with slick floors because of spills
Homeowners must locate and fix hazards. If not, they can owe you money for your fall.
Your Rights When You Fall
You are entitled to be compensated for getting injured by another’s carelessness. The Missouri law calls it premises liability.
If you are harmed, you can be compensated for:
- Medical bills
- Lost wages if you cannot work
- Pain and suffering
- Ongoing therapy
To prove your claim, you must show:
- There was a risk.
- The owner knew or should have known about it.
- They failed to fix it or warn you.
- The risk caused your harm.
Establishing Negligence
Negligence happens when the owner does not act with care. You need evidence to back you up.
Good evidence to back you up are:
- Photos where you got the accident
- Doctor reports by docs
- Statements of witnesses
- Reports submitted to the company
Take all that relates to your fall. Small things too.
What If You Have Some Fault?
Missouri is a pure comparative fault state. Therefore, if you were comparatively at fault, then you can recover money. Your settlement, however, is reduced by your percentage of fault.
Example
You tripped because you texted. You can be held 20% at fault by a court. You have $10,000 in damages. You receive $8,000.
How Long Do You Have to File a Claim?
In Missouri, you must file a slip and fall within five years after you were hurt. Not acting in a timely manner will prevent you from recovering. It is recommended that you seek the advice of a lawyer in the near future. They will guide you and look after your interests.
What Do You Do If You Fall?
If you do fall, then follow these instructions:
- Get medical attention right away. Your health comes first.
- Report the fall. Tell the property owner or manager.
- Take pictures of the scene. Take pictures of what led to your fall.
- Get the names of witnesses. Other individuals may corroborate your account.
- Keep records. Keep medical bills and letters.
- Don’t speak with insurance adjusters without an attorney present. They will attempt to minimize your injury.
Why Having an Attorney Works
Slip and fall incidents are complicated. Insurers deny or compensate less than they owe. An experienced personal injury attorney in Kansas City knows how to create a good case.
An attorney can:
- Assemble evidence
- Interview witnesses
- Manage paperwork
- Negotiate reasonable compensation
- Represent you in court if necessary
You deserve assistance in the legal process while you heal.
Causes of Falls
Some hazards occur more than others. Be aware of:
- Liquid spills in corridors
- Ice or snow on building entrances
- Slippery floor mats
- Uneven floor
- Broken stairs
- Lack of light in corridors
When these hazards do not bother the owners, people get hurt.
What Type of Damages Are You Entitled To?
In a lawsuit, you may sue for damages of:
- Medical appointments and hospitalization
- Cost of repair and rehabilitation
- Loss of wages when you cannot work
- Pain and stress caused by injury
- Future medical needs
There are injuries that will take months or years to recover from. You cannot pay out-of-pocket when someone else is liable.
Do Businesses Ever Refuse Responsibility?
Yes. Some business owners are victimizers. They might say:
- Were not paying attention
- Wore unsafe shoes
- Ignored warning signs
That is why evidence is key. Pictures and documents can document that you were taking precautions.
Steps in a Slip and Fall Case
This is what typically happens with a claim:
- Investigation. Your lawyer reviews your case and gathers evidence.
- Notice of claim. Company and insurance company are informed.
- Negotiation. Lawyers attempt a fair settlement.
- Lawsuit. Otherwise, your lawyer sues.
- Discovery. Evidence is shared between the two parties.
- Trial or settlement. A judge or jury makes a decision, or the case settles.
Most cases settle out of court. But it is a good idea to have an attorney ready in case you do have to go to court.
Tips to Help You Save Your Rights
Report slips immediately.
- Save receipts and documents.
- Avoid posting on social media about your case.
- Follow your doctor’s orders.
- Speak with an attorney before signing any documents.
By taking these steps, you can obtain the compensation to which you are entitled.
Missouri Slip and Fall Laws in Summary
- Statute of limitations: 5 years
- Doctrine of fault: Pure comparative fault
- Permitted damages: Medical bills and costs, lost income
Pain and suffering
Missouri Slip and Fall Claims FAQs
1. What if I slipped at a friend’s home?
You can still pursue a case. Homeowners generally carry insurance for this type of accident. You may be able to be compensated without suing your friend personally.
2. Do I sue if there was a warning sign?
Yes. The warning sign does not necessarily let the owner off the hook. If the hazard was still excessive, you could still have a case.
3. How long does it take to settle a slip and fall case?
Depends. Some settle in months. Others, if they ever go to trial, take longer than a year.
4. Do I pay my lawyer any money up front?
Most personal injury lawyers are on contingency fee. They don’t get paid unless you do.
5. If I didn’t experience immediate pain?
Injuries don’t always show up at once. See a doctor after any slip and fall, even if you’re okay to begin with.
Take the Next Step
You don’t have to attempt to manage it yourself if you were hurt in a slip and fall. Consult with an affordable Kansas City Slip And Fall Accident Lawyer today. You are entitled to be treated fairly and to recover without a worry about money.
