All Questions

February 2, 2022 | Gary Burger

Who is liable for my slip and fall injuries?

Slip and fall accidents can occur for a variety of reasons. Depending on the cause of the fall, someone may be liable for your injuries. If you slip and fall on someone else's property, or at a place of business, the property owner, or whoever manages the property, may be at fault through what’s called “premises liability.” If you have been injured in a slip and fall accident, you may be entitled to compensation. Call us today, our team of personal injury lawyers at Burger Law will get you the compensation you need to aid you in your recovery.

Premises Liability Claims

A premises liability claim is a civil lawsuit that can be filed against a property owner after an accident. Property owners in Missouri have a non-delegable duty to keep their property safe for patrons. However, the owner cannot be held responsible for every action that takes place on his or her property, so the duty of the court will be to determine if the owner has been negligent in creating unsafe conditions or allowing them to persist, and whether you yourself were negligent or reckless, leading to your fall.

Hazardous surfaces can include a wet, broken or uneven floor, or objects that are dangerous or should not be located where they are. A judge or jury will have to decide if you or the property owner’s action or inaction were reasonable if the case goes to court, but our slip and fall lawyers can represent your claim and prove the property owner’s liability to get you a financial recovery and may be able to settle your case for you without having to go to trial. If you tripped over a broken or wet part of the floor, had the hazardous spot been there long enough for the owner to notice it and take action? Was the action taken adequate? Does the owner provide regular maintenance on the premises? Did the owner or an employee provide a sign, cones, or ribbons sectioning off the dangerous spot? If you tripped over an object, was there a good reason for the object to be there?

Proving Slip and Fall Liability

Part of the determination of liability will be whether you were reckless or careless in not seeing or avoiding what caused you to fall. If a business has posted a “wet floor” sign and you fail to observe it, the business may not be responsible if you fall. In proving liability in your slip and fall case and holding the property owner accountable, we must prove that they knew or should have reasonably known about a dangerous condition but failed to take appropriate action to protect you.

Missouri has a “pure comparative negligence” rule. This means that in a personal injury case, several parties—including, possibly, the plaintiff— may share a percentage of the fault for the incident. A court might find that the property owner was 80% liable, and that you are 20% liable, which would lessen the amount of compensation you could receive. In this scenario, if the court finds that your damages equal $10,000, the owner would only be responsible for paying $8,000. The same rule applies if the case is settled outside of court.

If a court finds that you are 100% liable for your own injury, then you would not receive compensation. The owner will obviously try to put as much of the blame on you as possible. They could argue that:

  • You were on a part of the property that is restricted or where visitors are not allowed
  • The area was sectioned off by cones, ribbons, or signs and you failed to notice.
  • You were not wearing appropriate footwear.
  • You were not paying attention to your surroundings or where you were going. For example, if you were looking at your phone, or running where you should not.

If the property owner failed to adequately warn you about a dangerous condition or did not address the problem to keep you safe, they may be liable for your slip and fall injuries. Our slip and fall lawyers will fight to prove the property owners liability and get you the recovery you deserve.

Speak to a Slip and Fall Lawyer Today

If you have been in a slip and fall accident and feel the owner of the property is at fault, it is important to hire an attorney to help you navigate the law and court process. The lawyer will collect any evidence your case may need, determine how much money you are owed for your recovery, and communicate with all parties involved. The lawyers at Burger Law are available and ready to speak with you and take on your case right away. Call us now at (314) 500-HURT or Contact us online