Slip and fall accidents are among the most common causes of injury in Missouri and across the United States. According to recent statistics from the National Safety Council, over 8 million patients required emergency medical care for fall-related injuries in 2019 alone. Under Missouri laws, property owners are required to keep their premises in reasonably safe conditions. If you were injured in a slip and fall accident on someone else’s property, you may be entitled to hold the property owner liable.
Here at the Denning Law Firm, LLC, we have the legal resources and experience to represent victims who have been injured in a slip and fall accident. Our experienced Missouri personal injury attorneys can review and investigate your personal situation and explore all possible legal avenues to pursue compensation. As your legal counsel, we will fight vigorously to protect your legal rights and help you seek fair financial compensation that can cover medical expenses, lost income, and any additional pain and suffering you have been forced to endure.
Our firm is proud to represent slip and fall accident victims and their loved ones throughout Kansas City, Missouri, and Kansas, as well as the surrounding areas of Overland Park, Johnson County, Jackson County and the nearby communities.
When a person suffers an injury in a slip and fall accident on someone else's property due to the dangerous, unsafe, or hazardous condition of the property, the property owner may be held responsible. This typically falls under the umbrella of premises liability law.
According to Missouri Revised Statutes Section 537.348, a landowner may be held liable when the malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, or personal property which the owner knew or should have known to be dangerous causes injuries to a person who is legally on the premises.
Some of the most common injuries that result in a premises liability claim include:
Slip and fall accidents
Dog bites and other animal attacks
Defective and broken stair accidents
Accidents involving fire
Inadequate maintenance of the property
Defective staircases or stair collapse
Negligent security leading to injury or assault
Garage door accidents
Swimming pool accidents
Water leaks or flooding
Chemicals or toxic fumes
Elevator and escalator defects or accidents
Under Missouri Revised Statutes Section 516.0120, any lawsuit for "injury to the person or rights of another" must be filed within five years from the date of the underlying incident. This means that a slip and fall accident victim must commence a civil action against the property owner within five years from the date that the injury or accident occurred — not when the injuries were discovered or when treatment began.
Depending on the surrounding circumstances leading to the slip and fall accident, different persons or entities may be held responsible. These include:
Property Owner/Landowner: The property owner or landowner may be held responsible for slip and fall accidents that occur on their property or land.
Business Owner: A business owner may be held accountable if any slippery, unsafe, or dangerous conditions on the store or business's premises caused a slip and fall accident.
Government Entity: If your injuries occurred in a slip and fall accident on public property, you may hold the government entity or municipal agency who is responsible for the premises liable.
Your Own Carelessness: If your oversight or lack of attention was a contributing factor to the slip and fall accident that caused your injuries, the Missouri State court may shift the majority of the blame onto your own negligence. In such situations, recovering damages may be unlikely.
To establish fault in a slip and fall accident case, the plaintiff must prove these following elements:
The property owner owed a duty of care to keep their premises in a reasonably safe condition.
The property owner was aware or should have been aware of the unsafe or dangerous conditions that led to the fall.
You were an invitee or licensee on the premises.
There must have been some negligence on the part of the property owner.
The property owner's negligence or wrongful act resulted in injury or damages to you.
You suffered actual damages.
Missouri operates under the "pure comparative negligence" principle. Under this rule, a person injured in a slip and fall accident may recover damages even if you were partially or mostly responsible for your injuries. However, any damages that are awarded to you will be reduced by an amount that is equal to your fault percentage.
For example, if you are awarded damages by the court in the amount of $100,000, but the judge determines that you were 20% at fault for the slip and fall accident, then your compensation will be reduced by 20%, or $20,000. This means that you will only be eligible to receive $80,000. Under Missouri's pure comparative negligence system, you may still recover damages even if the court finds that you were 99% at fault for the accident.
If you were injured in a slip and fall accident in Kansas, it’s important to be aware that, unlike Missouri, Kansas follows a comparative negligence rule. This means that any damages you may be awarded will still be reduced by an amount equal to your percentage of fault. However, if you are found to be 50% or more at fault for the accident that caused your injuries, you will be unable to collect any compensation for your injuries.
Proving negligence or determining who should be held accountable for your slip and fall injuries can involve a lot of legal work. You need to prove that the negligent property owner knew or should have known about the unsafe or dangerous conditions of the property but failed to repair it or warn you about it. That’s why it is so important to work with an experienced personal injury attorney who can advocate for your legal rights and help you seek the compensation you need and deserve for your injuries.
Here at the Denning Law Firm, LLC, our attorneys have dedicated their careers to providing experienced legal guidance and vigorous representation to slip and fall accident victims and their families. As your legal counsel, we will:
Fight diligently to protect your rights and represent your best interests
Review and investigate every detail surrounding your case
Determine the full extent of your injuries
Seek to establish liability and estimate case value
Help negotiate a fair settlement with the insurance company
If necessary, take additional legal action in court
If you were hurt in a slip and fall accident, you have the right to seek fair compensation. Contact the Denning Law Firm, LLC today to schedule a free one-on-one consultation. Our experienced slip and fall attorneys can offer you the detailed legal counsel, strong advocacy, and compassionate representation you need in your case. Our firm is proud to represent clients throughout Kansas City, Missouri, and Kansas, including the surrounding areas of Overland Park, Johnson County, and the nearby communities. Call our office today!