Slip and fall accidents are a common cause of injury, but determining liability is not always straightforward. In Missouri, not all slip and fall accidents automatically lead to the business being held responsible. These cases fall under premises liability law, where property owners, including businesses, must keep their premises reasonably safe for visitors. However, proving negligence requires more than just showing that a fall occurred on the property—it involves demonstrating that the business owner knew, or should have known, about the hazardous condition and failed to address it.
With millions of people experiencing severe injuries from falls each year, such as broken bones or traumatic brain injuries, pursuing compensation for your injuries can be crucial. If you’ve been injured in a slip and fall accident, it’s essential to consult with an experienced slip and fall attorney that serves those injured through the Greater Kansas City Area.
At Noland Law Firm, our team can evaluate your case, determine if negligence played a role, and help you build a strong legal strategy to seek the compensation you deserve.
When is the Property Owner Responsible for a Slip & Fall Accident?
When a property owner is responsible for a slip and fall accident, it typically comes down to whether negligence played a role in creating unsafe conditions. In Missouri, property and business owners have a legal obligation to maintain their premises to ensure the safety of visitors.
When they fail to uphold this responsibility, and someone is injured as a result, the property owner may be held liable. This type of claim falls under premises liability law, which allows victims of accidents caused by unsafe conditions to seek compensation for their injuries.
Common hazardous conditions that often lead to slip and fall accidents include slippery floors without warning signs, broken or poorly maintained railings, uneven or damaged stairs, and icy walkways that haven’t been treated. If the property owner knew about or should have reasonably known about these unsafe conditions and failed to address them, they can be found negligent.
In such cases, injured parties may have a valid legal claim for compensation covering medical expenses, lost wages, and pain and suffering. Consulting with a knowledgeable slip & fall injury attorney is crucial to understanding your rights and navigating the legal process.
When is the Property Owner Not Responsible for a Slip & Fall Accident?
In some slip and fall accidents, the property or business owner may not be held responsible. While property owners have a duty to maintain a safe environment, individuals are also expected to exercise reasonable caution.
If a person fails to take proper precautions, such as ignoring visible hazards or posted warning signs, they may be held accountable for their own injuries. This means that if the fall was primarily caused by the injured party’s lack of attention or care, the property owner might not be liable.
For example, if you were walking through an area clearly marked with warning signs about a hazard, such as a wet floor, and you ignored those warnings, your claim for compensation could be denied.
Similarly, if a property owner had no reasonable way of knowing about the hazardous condition or if it was promptly addressed, they may not be considered negligent.
In these cases, proving the owner’s liability is much more challenging, as the accident may not have resulted from their failure to keep the premises safe.
When might you be partly responsible for your slip & fall accident?
In some slip and fall accidents, both you and the property owner may share responsibility. For instance, if you fell on a slippery floor but chose not to use a nearby handrail, you could be partially at fault. Failing to exercise reasonable caution, such as ignoring safety signs, can also affect your liability.
Under Missouri’s comparative negligence laws, you may still recover compensation even if you’re partly responsible.
How can a lawyer help if you’ve been in a slip & accident?
If you’ve been in a slip and fall accident, contacting a personal injury attorney can make a significant difference in your case. Personal injury attorneys frequently handle slip and fall claims and can help you navigate the complexities of the legal process. Here are some ways an attorney can assist:
Building Your Case
To succeed in a slip and fall claim, you must prove that the property or business owner was responsible for your accident. An attorney can gather crucial evidence, such as photos of the accident scene, security footage, and witness statements. They can also help you demonstrate that your injuries were caused by the accident, ensuring you are compensated for medical treatment and other expenses.
Negotiating
An experienced attorney will handle negotiations with the property owner’s legal team or insurance company on your behalf. They will work to secure a fair settlement for your injuries and financial losses. If the insurance company is unwilling to settle for a fair amount, your attorney can advise you on the next steps, including taking your case to court.
Defending You in Court
If your slip and fall case goes to trial, having a skilled lawyer by your side is crucial. They will present evidence of the property owner’s negligence and argue for the compensation you deserve. Your attorney will strive to show the court how the accident occurred due to unsafe conditions, helping you pursue the best possible outcome.
Contact Noland Law Firm Today
The team at Noland Law Firm can help you gather the evidence you need to present your slip and fall claim effectively. Contact us today to schedule an appointment for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
