Request Your Free Consultation If You’ve Been Injured in St. Louis Slip and Fall Accident
Slips or trips on someone else’s property could lead to falls that cause broken bones, joint problems, and more. If this has happened to you or someone close to you, you may be able to claim financial compensation from the owner of a property or the business that is currently leasing it. Our premises liability attorneys in St. Louis can review your accident and help you determine your legal rights. We are here to help the victims of property owners’ negligence sue for compensation. Contact us to discuss your legal options today.
If you were hurt in a slip & fall or trip & fall, we’re here to help. Call our St. Louis slip and fall accident lawyers at (800) 391-4318 to schedule a free consultation.
Missouri Slip & Fall Laws
Landowners and landlords are responsible if their negligence results in someone’s injuries. If they leave dangerous slipping hazards around or make it difficult for visitors to see items they might trip over, they could be held liable in court if anyone is injured. If you’ve been injured in a slip and fall, we urge you to gather evidence by taking pictures. If anyone witnessed your accident, their testimony can also be useful in building a case; try to get their contact information if possible. Such 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 permission of, and to benefit, the landowner. If a visitor is hurt due to an unreasonably dangerous condition that the landowner knew about or should have known of its existence, they have the right to ask for compensation. In their suit, they can ask for medical expenses, lost wages, and pain and suffering.
3 Theories of Liability for Slip & Fall
When a plaintiff sues for negligence in a slip and fall case, the defendant is generally held liable under one of three theories of liability.
A plaintiff can try to prove negligence by claiming:
- 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/would have known if they were taking reasonably protective steps. (this implied knowledge is generally referred to as “constructive knowledge”); or
- 3) due to the procedures or method of business operations of the defendant, it is foreseeable that someone will be injured.
In regards to constructive knowledge, the jury must conclude the hazard persisted for such a time that a reasonable person would have discovered and remedied it. Accordingly, evidence that indicates how long the hazard was on the premises is crucial to establish the defendant’s negligence.
Slipping on Ice or Snow
Generally, under Missouri law, municipalities do not have the duty to remove snow and ice from their sidewalks when the condition is prevalent and exists throughout the city. However, this does not free a city of all liability; in Walsh v. St. Louis, Missouri’s Supreme Court stated,
“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 conditions, 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.” (emphasis added)
In other words, courts have found liability when the area that caused the fall is either the only dangerous area in the city or when it is more dangerous than most other areas.
In this circumstance, liability can be found when:
- A municipality had sufficient actual or constructive notice of the existence of the condition, and
- The municipality had reasonable time to remedy the condition.
Understanding Slip & Fall Risks in St. Louis
Navigating the city can sometimes come with unexpected hazards, especially during the winter months when ice and snow can create treacherous conditions. Local government entities, such as the City of St. Louis Department of Streets, are responsible for maintaining public walkways, but they may not always be able to address every dangerous condition promptly. This can leave pedestrians vulnerable to slip and fall accidents, particularly in high-traffic areas like downtown or near popular attractions such as Forest Park.
In addition to winter weather, other common slip and fall risks in St. Louis include poorly maintained sidewalks, uneven pavement, and wet floors in local businesses. These hazards can lead to serious injuries, including fractures and head trauma, which can significantly impact your quality of life. If you or a loved one has been injured due to a slip and fall incident, it’s essential to understand your rights and the responsibilities of property owners in our community.
Hire Our St. Louis Slip & Fall Accident Lawyers for Comprehensive Legal Service
Local resources, such as the St. Louis Health Department, can provide information on injury prevention and safety regulations, but navigating the legal landscape after an accident can be overwhelming. Our team of slip and fall accident lawyers in St. Louis can help you understand the complexities of Missouri slip and fall laws and to advocate for your rights. We recognize the unique challenges faced by St. Louis residents and are committed to helping you seek the compensation you deserve for your injuries.
Whether you’ve slipped on ice in the Central West End or tripped over a hazard in a local business, we understand the pain points you may be experiencing. From medical bills to lost wages, the financial burden can be significant. Let us help you navigate this difficult time and work toward a resolution that addresses your needs.
Injuries Common in Slip and Fall Accident Claims in St. Louis
Slip and fall accidents can cause severe injuries that impact your daily life, ability to work, and financial stability. The injuries from these accidents range from minor to catastrophic, with some requiring extensive treatment and rehabilitation:
- Torn ligaments and tendons
- Broken bones, particularly in the wrists, ankles, and hips
- Traumatic brain injuries, from mild concussions to severe trauma
- Spinal cord damage, potentially causing partial or complete paralysis
- Shoulder dislocations or rotator cuff tears
- Knee damage, including meniscus tears and ACL injuries
- Cuts, bruises, and soft tissue injuries
- Back injuries, such as herniated discs and muscle strains
Seeking immediate medical attention after a slip and fall accident is very important, even if you believe your injuries are minor. Some injuries may not present symptoms immediately, and delaying treatment can worsen your condition. Your medical records will also link your injuries directly to the accident, strengthening your case for compensation.
Important Pieces of Evidence for St. Louis Slip and Fall Claims
Building a strong slip and fall claim requires substantial evidence to prove that a property owner’s negligence caused your accident. The quality and comprehensiveness of your evidence directly affect the strength of your case and the compensation you may receive.
Key pieces of evidence may include:
- Photos and Videos: Visual documentation establishes the exact condition that caused your fall, preserving details that may be quickly repaired or removed after an accident.
- Incident Reports: These reports often include details about conditions, timing, and sometimes even admissions by staff that can strengthen liability claims against property owners.
- Witness Statements: Independent accounts from bystanders provide unbiased verification of how your accident occurred and the conditions that caused it.
- Medical Records: Healthcare documentation creates a direct link between your accident and specific injuries, establishing both causation and the extent of damages.
- Maintenance Records: Historical documentation of property upkeep reveals whether owners knew about hazards, how long dangerous conditions existed, and whether reasonable care standards were met.
What If the Property Owner Claims the Accident Was Your Fault?
In Missouri, pure comparative negligence laws allow you to recover damages even if you were partially at fault for your accident. However, your compensation will be reduced by your percentage of fault. For example, if you claim $10,000 in damages and are found to be 40% at fault, you will only recover $6,000.
Property owners and their insurance companies often try to shift blame to the injured person to reduce their financial liability. Common defenses include suggesting you were distracted (perhaps by using your phone), alleging you were in an unauthorized area, or claiming you were wearing inappropriate footwear.
A St. Louis slip and fall attorney from Meyerkord & Kurth can counter these claims with strong evidence and effective legal arguments. With over 40 years of serving the St. Louis community, our attorneys understand how to navigate comparative negligence laws and fight for the maximum compensation you deserve. We will gather evidence that clearly establishes the owner’s liability while proving their defenses wrong.
Commonly Asked Questions
What should I do immediately after a slip and fall accident in St. Louis?
If you experience a slip and fall accident in St. Louis, your first step should be to seek medical attention, even if your injuries seem minor. Document the scene by taking photos of the area where the accident occurred, including any hazards that contributed to your fall. If there are witnesses, gather their contact information as their statements may be crucial for your case. After ensuring your safety and health, consult with a qualified attorney who can guide you through the legal process and help you understand your rights to compensation.
Are there time limits for filing a slip and fall claim in St. Louis?
Yes, in St. Louis, as in the rest of Missouri, there are specific time limits, known as statutes of limitations, for filing a slip and fall claim. Generally, you have five years from the date of the accident to file a lawsuit for personal injury. It is crucial to act promptly, as delays can jeopardize your ability to seek compensation. Consulting with an attorney soon after your accident can help ensure that you meet all necessary deadlines and gather the required evidence to support your case.
What types of compensation can I seek after a slip and fall accident?
After a slip and fall accident, you may be entitled to various forms of compensation, including medical expenses for treatment related to your injuries, lost wages if you are unable to work, and damages for pain and suffering. In some cases, you may also seek compensation for emotional distress or loss of enjoyment of life. The specific compensation available to you will depend on the circumstances of your accident and the extent of your injuries. An attorney can help you evaluate your situation and determine the best course of action to pursue the compensation you deserve.
Contact Meyerkord & Kurth PLLC for a Free Consultation
With decades of experience and deep compassion for our clients, Meyerkord & Kurth knows what it takes to hold property owners accountable for a slip and fall. If you were injured in St. Louis, trust our attorneys to fight for your right to compensation and guide you on the path to justice. Contact us today at (800) 391-4318 to schedule your free consultation and learn how our attorneys can advocate for you.