Nearly everyone has experienced a slip and fall at some point in their lifetime. As one of the most common incidents to receive a personal injury, many will typically receive minor injuries such as small bruises and cuts from slipping on a wet floor or an uneven sidewalk. But, there are cases where another’s negligence results in serious or permanent injury. Today, we are sharing the evidence you need to have for a valid slip and fall lawsuit in Missouri and how MHM is here to get you back on your feet.
What is a slip and fall lawsuit?
A slip and fall is a personal injury where a person will lose his or her footing on a surface and fall, causing an injury. Many people assume that a slip and fall lawsuit only refers to a slippery surface like a wet floor or frozen driveway. However, these lawsuits may also be for situations where someone falls down a set of stairs, trips on something left out on the floor or stepping in a hole on the job.
Who is negligent in slip and fall cases?
Slip and fall cases, also known as premises liability cases, require you to turn your attention to the party in possession of the property that led to your fall. The person or corporation has a legal responsibility to repair or warn others if there is something amiss on their property that may cause you harm. If they do not, they may be held negligent for your accident.
What do I need to prove?
In order to have a strong slip and fall lawsuit in Missouri, you must have evidence that four conditions existed at the time of your fall on another’s property:
1. Dangerous conditions existed on the property.
The property owner is legally responsible if an accident took place on their premises. For example, if you slipped and fell on a wet floor in a grocery store and there was no caution sign present, the store may be held liable for your injuries.
2. The party in possession or control of the premises were aware of the conditions.
If there is an unsafe condition on a property, the owner has a duty to address and take care of any situation that may cause harm to another. This is also known as the owner’s “duty of care.” Examples of unsafe conditions an owner is responsible for includes, but is not limited to; wet floors, fallen debris, broken steps, missing stair rails, ice or snow build up, potholes or failure to put up signage.
3. The party in possession failed to repair or warn of the danger.
You must be able to prove that the property owner did not exercise proper care, and it resulted in your injury. If you have proper evidence such as photos that show their failure to put up signage for an uneven step, the property owner may likely be at fault in your slip and fall claim.
4. You were injured as a direct result of their inaction.
Experiencing an injury that could have been prevented is frustrating, especially when it results in a serious injury. Serious injuries from a slip and fall may lead to years of recovery, extensive medical bills or unexpected time away from work. All of these accrued damages from the property owner’s inaction may be included in your slip and fall lawsuit.
How do our slip and fall attorneys determine who is at fault?
A slip and fall lawsuit in Missouri benefits from the assistance of a slip and fall attorney because of how the state’s court system treats these cases. Missouri has a “pure comparative negligence rule,” where courts are allowed to assign a percentage of the fault to the plaintiff and the property owner — determining the final payout amount.
This means if you were at fault in any way, the property owner may pay only a percentage of the damages you acquired during your fall.
Here to Support You in a Slip and Fall Lawsuit
Experiencing a personal injury from a slip and fall is completely unexpected. When the unexpected sets you back, the slip and fall attorneys at MHM are here to help you get on your feet again. If you or a loved one has experienced a serious injury from a slip and fall, we are here to help you fight for your rightful compensation. Schedule a free consultation with our attorneys today.