Although slip and fall accidents may seem minor at first, they can be very serious. In fact, they can result in long-term health conditions like residual effects from traumatic brain injuries, chronic back pain, or other debilitating damage. Proving your slip and fall claim can mean the difference between obtaining the compensation you need to get your life back on track or continuing to suffer long after your accident.
Slip and fall cases involve a fall or injury on someone else’s property. A property owner has a duty to ensure that his or her property is safe for anyone who may be on the property, which, in some situations, may even include trespassers. Nonetheless, the most common slip and fall claims are on commercial properties like grocery stores and other businesses.
You should use the following tips and information to help you prove your slip and fall claim.
What is Premises Liability?
Premises liability laws in Missouri hold property owners accountable for maintaining safe conditions on their properties and for reasonably protecting those who visit. Whether the property is private or commercial, owners are responsible for ensuring a basic duty of care toward visitors. This duty includes identifying and repairing hazards or, at the very least, warning guests of any known dangers so they can take appropriate precautions.
Under Missouri law, if a property owner fails to fulfill this duty of care, and this failure directly leads to an injury, such as a slip and fall accident, the injured party has the right to pursue compensatory damages through a premises liability claim. For instance, if a property owner knows about a hazardous condition, like a wet floor or a broken staircase, and does not address the issue or adequately warn visitors, they can be held liable for any resulting injuries. In such cases, the victim can seek compensation for medical expenses, lost wages, and other related costs through a slip and fall accident lawsuit.
The Elements of a Slip and Fall Claim in Missouri
A property owner will be liable to someone who is injured on their property if the victim can show one of the following situations has occurred.
- The property owner or resident caused a dangerous condition on their property, which resulted in the accident and your related injuries.
- The property owner or resident knew about the dangerous condition but did not take action to fix it so that it was safe for you. This action could have included correcting the situation or warned you about the condition.
- The property owner or resident did not know about the dangerous condition but should have known about it because a “reasonable person” would have noticed it and taken steps to address the danger.
Determining the property owner’s knowledge is critical in determining whether compensation for your injuries is appropriate. In addition, that dangerous condition must have directly caused your injuries as well.
How to Prove a Slip and Fall Injury in Missouri
The evidence that you gather to present your claim will determine whether a judge or jury will award you compensation for your injuries. Some of the most valuable proof you can use in this type of case will often include:
- Photos of the area where you were injured
- Pictures of the exact cause of your injury (the spill on the floor or the hazard on the ground)
- Evidence of whether accidents have occurred in the same location previously
- Testimony from those who saw the incident
You can also sometimes introduce information that the property owner or resident make adjustments or changes to make the area safer after you were injured. This type of evidence is tricky, however, and may not always be admitted.
Evidence regarding your injuries and follow up treatment will be significant as well. Your medical records tell a story about the incident and how you recovered from the injury.
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.
