St. Louis Slip & Fall Accident Lawyer

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Slipping, tripping and falling can happen in any place and at any time when you are standing or walking. If this has happened to you or someone close to you, you may be able to claim financial compensation from the owner of the property or from the business that has legal use of the premises. First, you should consult with a personal injury lawyer to determine whether the owner of the property can be held accountable and required to compensate you for your injuries by filing a premises liability claim.

Missouri Slip & Fall Laws

Landowners are responsible for their negligence that results in someone’s injuries. If the negligence of a landowner causes you to slip or trip over an object that causes you injury you potentially have a claim against the landowner. It is important for individuals who have been injured due to a slip and fall to gather evidence surrounding the circumstances. So you should take pictures of the conditions that caused your fall and identify any possible witnesses. The evidence will help establish that the landowner did not meet the standard of care necessary to protect the individual who entered the premises.

Pursuant to Missouri law landowners owe the highest duty of care to business invitees. Business invitees are individuals that are on the property with the premise of the landowner while also providing a benefit to the landowner. A landowner will fail to meet this standard if the individual was hurt due to an unreasonable dangerous condition that the landowner knew about or should have known of its existence. An individual who has been harmed due to a land owner’s negligence can be compensated for their medical expenses, lost wages, and pain and suffering.

Slipping on Ice or Snow

Generally, under Missouri law municipalities do not have the duty to remove snow and ice from its sidewalks when the condition is the prevalent and existing throughout the city. O'Brien v. City of St. Louis, 355 S.W.2d 904 (Mo. 1962).

“It is, however, the duty of the city to exercise reasonable care to keep its sidewalks free from dangerous conditions, which are not classed as a generally dangerous condition, produced by natural causes such as snow and ice. Where snow accumulates on the sidewalk to such an extent that it produces a dangerous condition, not common to the general condition throughout the city, it is the duty of the city to exercise reasonable care to remedy such dangerous condition." Walsh v. St. Louis, 346 Mo. 571, 575 (Mo. 1940). In other words, courts have found liability when the area that caused the fall is an isolated dangerous condition relative to the rest of the city. Gudorp v. St. Louis, 372 S.W.2d 483, 486 (Mo. Ct. App. 1963). When this is the circumstance, liability can be found when: (1) a municipality had sufficient actual or constructive notice of the existence of the condition and (2) the municipality had reasonable time to remedy the condition. Gudorp v. St. Louis, 372 S.W.2d 483, 486 (Mo. Ct. App. 1963).

3 Theories of Liability for Slip & Fall

When a plaintiff sues a defendant for negligence in a slip and fall case the defendant is generally held liable under one of three theories of liability. The plaintiff will usually show the defendant’s negligence by:

  • 1) the defendant either created the hazard or failed to take reasonable precautions to abate the hazard from being present;
  • 2) the defendant did not know of the hazard, but should have know of the hazard if the defendant would have taken reasonable protective steps. (“this implied knowledge is generally referred to as “constructive knowledge”);
  • 3) due to the procedures or method of business operations of the defendant it is foreseeable that someone will be injured.

In regards to the constructive knowledge the jury needs to determine that the hazard persisted for such a time that a reasonable person would have discovered the hazard and remedied it. Accordingly, evidence that indicates how long the hazard was on the premises is crucial to establish the defendant’s negligence.

Injury Claims

Slip and fall accidents occur when someone is not aware of a hazardous element on the property of another and they inadvertently slip or trip and fall. These kinds of accidents are very common, second only to car accidents. Although they are often minor and of little consequence, they can sometimes cause life-changing catastrophic injuries. Common places where people have slip and fall injuries are grocery stores, shopping malls, parking lots, and restaurants, as well as on construction sites and similar locations.

Proof of liability is needed to make a slip and fall case, which means there must have been some type of negligence on the part of the property owner, such as not providing adequate warning signs around a liquid spill or failure to fix a broken stair step. It is important to take detailed notes of exactly what occurred and who the witnesses are, as well as to take pictures of the scene of the accident if possible. We can assist in gathering all the necessary evidence and are ready to take immediate action on your case.

Do You Have a Case? Call Today!

Meyerkord & Meyerkord is a family firm, dedicated to helping accident victims and their loved ones by providing skilled and experienced legal representation. We understand what a devastating impact a slip and fall accident can have on your life, whether you have suffered broken bones or a catastrophic brain injury or spinal cord injury. Let us fight to help you recover the financial compensation you deserve for your losses!