All Questions

February 2, 2022 | Gary Burger

What Must I Prove to Win a Slip and Fall Case?

What must I prove to win a slip and fall injury case? Slip and fall accidents are some of the most common accidents in the workplace, in public spaces, and in the home. Sometimes, slip and falls occur because the owner or controller of a property was negligent. In those instances, the injured party may be entitled to compensation. If you’ve been hurt in a slip and fall accident, our dedicated and experienced personal injury team at Burger law will either prove to the judge or jury that you deserve compensation, or help you get a full settlement from the liable party so you never even have to go to trial. Speak to one of our slip and fall lawyers about your case today at (314) 500-HURT.

The applicable Missouri law to slip and fall cases is called “premises liability.” That means that the owner of the premises, or whoever was in control of it at the time, may be held liable if they were negligent in providing a safe environment for patrons and employees. The Missouri Revised Statutes Section 537.348 states that a landowner may be held liable for “malicious or grossly negligent failure to guard or warn against a dangerous” or an “ultrahazardous condition” that the owner either “knew or should have known to be dangerous.”

What is a dangerous condition?

A dangerous condition is anything that makes the property unsafe. Loose handrails, wet floors, uneven flooring, and broken stairs are all examples of dangerous conditions that could lead to a slip and fall accident, and that the property owner or manager must either remedy or repair.

How to prove your case?

In order to prove negligence, you must prove:

  • That the property was not reasonably safe
  • That the property owner was aware of, or should have been aware of, the dangerous condition, and
  • That the property owner did not fix the dangerous condition, warn of its existence, or that the attempted solution did not adequately fix the dangerous condition.

You can prove that the owner or manager knew of the problem through employee testimony or a record of previous complaints made about the same issue. In 1998, Dennis Emery sued Wal Mart Stores Inc. after he slipped on spilled pet food. A Wal-Mart employee testified to the high frequency of pet food spills at the store, proving that Wal-Mart was aware of the dangerous condition. (Emery v. Wal-Mart Stores, Inc. 976 S.W.2d 439 (1998).

What to expect when your case is proved.

Missouri has a “pure comparative negligence” law. This means that a percentage of the fault will be distributed to each party. For example, a plaintiff has $10,000 in damages after they fell while walking on a wet floor in a grocery store. They are attempting to collect compensation for their damages from the grocery store. The water on the floor was not cleaned up, and there was no sign warning of the wet floor. A jury may find that the grocery store carried 70% of the fault, as the plaintiff arguably should have seen the water and avoided it. The plaintiff would then receive $7,000. Our slip and fall lawyers work hard to prove the property owner or possessor’s liability and hold them accountable for putting you in harm. We can help you get a complete recovery for your damages after you have been injured in a slip and fall accident.

Gathering the evidence and proving the case can be incredibly complex. That’s why you need a dedicated and experienced personal injury lawyer by your side. The slip and fall attorneys of Burger Law will fight to get you the compensation you deserve for your injuries, damages, and pain and suffering. Call us now at (314) 500-HURT or Contact us online