Slip and Fall Law Firm in St. Louis, MO

What Are The Classifications of Status in St. Louis Premises Liability Claims?

The way your slip and fall case is treated by Missouri law depends on your status on the property at the time of your injuries. The owner has different obligations to visitors of different statuses. Your St. Louis slip and fall law firm can help with your case regardless of your status as a visitor. The three classifications of status are:

• Invitees are defined in St. Louis by the Bartel v. Central Markets, Inc. (Mo. App. 1995) decision as anyone who enters upon a premises with the express or implied consent of the possessor, and for some purpose of benefit or interest to the possessor or for the mutual benefit of both. Property owners have a duty to provide invitees with the highest standard of care by inspecting their property and fixing dangerous or hazardous conditions. Additionally, property owners must disclose any known hazards or dangerous conditions, as outlined in Harris v. Niehaus (Mo. banc. 1993).
• Licensees are those who are privileged to enter or remain on land only by virtue of the possessor’s consent, according to Restatement (2nd) Torts § 330; Harris, 875 S.W.2d at 225. Property owners only have a duty to warn licensees of a danger that the property owner knows about or should know about.
• Trespassers are defined by Restatement (2nd) Torts, § 329 (1965) as people who enter or remain upon the property in the possession of another without the privilege to do so. Property owners generally are not liable for harm caused by a trespasser.

In proving liability in your slip and fall case and holding the property owner accountable, your slip and fall law firm must prove the property owner knew, or should have reasonably known, about a dangerous condition but failed to take appropriate action to protect you. If you have any questions regarding status or any part of a premises liability claim, call your St. Louis slip and fall law firm today at (314) 500-HURT or contact us now for a free consultation.

What is the Process for Proving Negligence in a St. Louis Slip and Fall Case?

Negligence, as defined by Cornell Law School, can be difficult for a slip and fall law firm to prove. In order to be held liable for a slip and fall case, your slip and fall law firm must prove that the property owner was negligent in each of these elements:

• Duty
• Breach
• Causation
• Damages

Proving that a property owner should have known of a hazardous surface can be challenging, but our St. Louis slip and fall law firm has experience doing just that. For example, if a slip and fall injury occurred on a wet floor in a grocery store, a crucial issue for your slip and fall law firm will be how long the floor was wet. The longer the floor was wet, the more likely it is that the store owner knew or should have known that the floor was wet and failed to warn customers or otherwise guard against slip and falls. And that is exactly what your St. Louis slip and fall law firm will prove.

What is Comparative Negligence in a St. Louis Slip and Fall Claim?

Missouri has a pure comparative negligence rule. This means that in a slip and fall 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.

Gathering the evidence and proving a slip and fall case is incredibly complex. That is why you need the St. Louis slip and fall law firm of Burger Law on your side. Burger Law’s slip and fall law firm in St. Louis works hard to prove the possessor’s liability — that the property owner is negligent with respect to the ownership and/or maintenance of the property — and hold them accountable for putting you in a harmful situation. Your St. Louis slip and fall law firm gets you the compensation you deserve for your injuries, damages and pain and suffering. Call us now at (314) 500-HURT or fill out this form.

Burger Law's Missouri slip and fall law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing law and protecting the vulnerable and injured. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types listed here. Click for more information.