How Missouri Premises Liability Law Protects Slip and Fall Victims
What Is Premises Liability?
Premises liability is a legal doctrine that establishes that landowners have a duty to not have unsafe premises. Accordingly, if you are injured on some else’s property, that person may be legally obligated to compensate you for your injury, either as an activity occurring on the premises (i.e., store) or as a result of the fact that the premises were unsafe (i.e., house, sidewalk, parking lot). All landowners have a duty to not have, possess, or maintain unsafe land (or premises). If a landowner has breached that duty, and there is an injury, the landowner may be liable as a matter of law and construction.
What is a slip and fall?
A slip and fall is when you fall on someone’s property. It happens because of something unsafe. These accidents are more common than people think. They can cause serious injuries and large medical bills.
Common Causes of Slip and Fall Accidents
Here are the most common reasons people fall:
- Wet floors without a warning sign
- Loose or torn carpets
- Poor lighting in hallways
- Ice or snow not cleared
- Uneven sidewalks or cracked pavement
- Clutter left on the floor
- Broken stairs or missing handrails
All of these can lead to falls. The owner may be at fault if they knew and didn’t fix the issue.
Where Do These Accidents Happen?
Slip and falls can happen in many places:
- Grocery stores
- Parking lots
- Office buildings
- Apartment complexes
- Hotels
- Sidewalks
- Public restrooms
- Schools
No matter where the fall happened, Missouri law may protect you.
What Does Missouri Law Say?
Missouri law says property owners must keep spaces safe. If they don’t, and someone gets hurt, the owner may be liable.
This law protects:
- Customers at a business
- Tenants in an apartment
- Guests at someone’s home
- Workers in office spaces
- Shoppers at a mall
Even public places must follow safety rules. If they fail, they may have to pay.
What You Must Prove
To get money for your injury, you must prove four things:
- The owner had a duty to keep the space safe.
- The owner failed that duty.
- That failure caused your fall.
- Your injury caused losses like bills or missed work.
The hardest element, in accident cases, is demonstrating that the owner knew or should have known about the danger.
Who is liable?
A property owner is liable if (a) they knew about the danger or (b) should have known about the danger. Managers or even renters may also be responsible, assuming they have control over the space. There are scenarios where both the owner and tenant could be liable. An attorney will be able to identify all responsible parties which will help in the legal process.
What If You Were Partly at Fault?
Missouri uses a system called “pure comparative fault.” It means you can still win even if you were partly at fault. But your money may be reduced based on how much it was your fault.
Example:
- You slip on a wet floor.
- You were texting and didn’t see the warning sign.
- A court says you’re 30% at fault.
- You win $10,000, but only get $7,000.
You still get help, but less because of your share of the blame.
What To Do Right After a Fall
Take these steps right away:
- Tell the manager or owner.
- Get names and contact info of witnesses.
- Take photos of where you fell.
- Save the shoes and clothes you wore.
- Go to a doctor, even if you feel okay.
- Write down what happened.
- Don’t talk to the insurance company without a lawyer.
These steps can help you win your case later.
How a Lawyer Can Help
A lawyer who knows Missouri law can:
- Collect proof
- Talk to witnesses
- Deal with the insurance company
- Help you get medical care
- Fight in court if needed
You don’t pay unless you win. Most injury lawyers work on a “no win, no fee” basis.
What Can You Get Paid For?
If you fall and get hurt, you may get money for:
- Medical bills
- Therapy or rehab
- Lost wages
- Pain and stress
- Long-term problems
- Property damage (like a broken phone)
You must show proof of your losses. A lawyer can help gather it.
Why Some People Don’t File Claims
Many people stay quiet. Here’s why:
- They think it was their fault.
- They feel bad suing a friend or business.
- They think it’s too hard.
- They don’t know their rights.
- They don’t want to seem greedy.
But you have rights. If you were hurt, the law is there for you.
Don’t Wait Too Long
In Missouri, you have five years to file a case. But don’t wait. Proof fades. Witnesses forget. Videos get deleted. Waiting can ruin a good case. If you fall on government property, the time limit may be shorter. Sometimes only weeks. Talk to a skilled and affordable personal injury lawyer in Kansas City fast.
What If There Was a Warning Sign?
A warning sign helps, but it’s not a free pass. If the sign was small or placed wrong, it may not count. You may still win your case. Every fall is different. A lawyer can review your case for free.
Myths About Slip and Fall Cases
“I can’t sue a small store.”
Yes, you can. Most have insurance.
“It was my fault.”
You may still win. Missouri allows shared fault.
“I wasn’t hurt badly.”
Even small injuries can lead to big bills.
“It takes too long.”
Some cases settle in weeks. Many never go to court.
“Lawyers are too expensive.”
Most injury lawyers are free unless you win.
Finding the Right Lawyer
Look for someone who:
- Offers a free first meeting
- Has handled many slip and fall cases
- Knows Missouri law
- Is easy to talk to
- Works on “no win, no fee”
Don’t pick the first lawyer you find. Ask questions. Check reviews. Take your time.
FAQs
- Can I sue if I slipped at my job?
You may have a workers’ comp claim instead. A lawyer can check both options. - What if there were no witnesses?
You can still win. Photos, video, and your story may be enough. - Can I file a claim if I slipped outside a building?
Yes. Sidewalks, parking lots, and walkways are part of the property. - What happens if I had health problems before the fall?
You can still win. But the other side may use it to lower your payment. - How long will the case take?
It depends. Some take months. Others take a year or more. Most never reach trial.
One Step Can Change Your Life
A slip and fall can cause more than pain. It can cause debt, missed work, and stress. You deserve to be safe in public spaces. If someone failed to make their place safe, they should pay. Call a local experienced Kansas City Slip And Fall Accident Lawyer. Tell your story. Ask questions. The first step is free.