St. Louis Slip & Fall Accident Lawyer
Injured In a Slip and Fall? Request a Free Consult Today!
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
- 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
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
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!