What Constitutes Slip and Fall Liability in Missouri?


A woman in jeans and boots experiencing a slip and fall on icy sidewalks

A common inquiry we often hear from potential clients is, “I slipped on ice outside of a store; is the store responsible for my injuries? The answer in the state of Missouri: it depends on the situation. 

In most cases in Missouri, if a person or company controlling the property does not service their area where an accumulation of ice and snow has fallen, that person or company is not liable when someone slips and falls on their property. However, there are exceptions to this rule. 

What are the Exceptions? 

First, if the person in control of the property tries to remedy the ice or snow and does so inadequately, the injured customer can make a negligence claim for his or her injuries. For example, a slip and fall instance could occur by a property owner only shoveling snow and not treating the ice below, improperly clearing ice and leaving slick spots on sidewalks, or leaving snow piles in areas where it could cause someone to fall. 

Second, if the landowner has an agreement to remove ice or snow for their properties, there may be liability for injuries due to a slip and fall if the agreement was not followed. Some apartment, townhome and condo residents may live at a property where the owner has a policy or procedure to remove snow or ice on the property. If the policy is not followed and you slip and fall on the premises, your complex and ownership could be liable for your injuries. 

Does My Injury Claim Meet Those Exceptions? 

Normally, you will not first ask yourself if your injury meets a slip and fall liability exception when you fall as you are on the ground with a broken bone or concussion. But it is important to know what to look for in such a situation. When we handle slip and fall cases for falls due to ice or snow, we find the answers by looking at the physical conditions in the fall area for evidence that: 

  • The area had been salted; 
  • The area had been shoveled; 
  • The area had been plowed; 
  • A pile of plowed snow melted and froze later as the temperature changed; or 
  • Others had fallen in the same area. 

What are Your Next Steps?

If you happen to slip and fall on ice or snow in Missouri, pay attention to the area around you if you are able. Try to take photos of the area, ask witnesses for their contact information, make an incident report, and if you receive medical attention, make sure to tell the medical providers what caused your fall. 

At Muchnick Haber Margolis, we are here to remove all uncertainty and guide you through your entire legal process during a slip and fall liability. We will focus on the details while you focus on the important task of recovering. Contact one of our personal injury attorneys to get started.