Missouri Slip and Fall Laws: What Every Kansas City Resident Should Know
Slips and falls can happen to anyone. You may slip on a wet floor in your neighborhood department store or slip on a broken sidewalk. Slips and falls result in many accidents each year in Kansas City, Missouri. Knowing Missouri slip and fall law rights can be beneficial to you in case you are hurt by an accident. Consult a Kansas City Slip And Fall Accident Lawyer today. In this article here, we will be discussing what you must know about Missouri slip and fall laws.
What is a Slip and Fall Claim?
A slip and fall claim is when a person slips and falls as a result of unsafe conditions on someone else’s property. The unsafe conditions can be:
- Wet or slippery floor
- Loose rugs or carpets
- Rough sidewalk or stairs
- Poor lighting that hides dangers
- Ice or snow not shoveled from sidewalks
If a property owner should or did know about a condition that is dangerous and did not make it safe, they are responsible for damages. Property owners owe a duty under Missouri law to keep property in a safe condition for invitees.
How Does Missouri Law Protect You?
Missouri also has premises liability law that shields victims of slip and fall. Property owners need to be careful and not endanger other people. Fix the hazards or provide advance notice to guests. Any other method, they will be held responsible for harm to anyone injured.
To prevail in a slip and fall case, you must establish these facts:
- The property owner you are suing had or controlled the property.
- The owner was constructively or in fact aware of the risk.
- The owner was unable to repair the risk or warn.
- The risk caused your injury.
What that is really saying is that you’ll need to prove the basis of the owner’s negligence and that the negligence caused your fall and injury.
What Is “Reasonable Care” in Missouri?
The owner is equitable. Relative is the correct term. That is, if it is snowing and it is going to be shoveled or salted by the owner of a shop, and you do not shovel or salt it and you slip and get injured, they’re responsible. If the risk is clearly apparent and inherently harmful, e.g., an unposted but slippery floor, the owner must warn invitees or remove the risk immediately. Missouri courts will attempt to determine whether the owner might have removed the risk after they have noticed.
Who Is Responsible?
The individual in charge can be:
- Business owners
- Landlords or property managers
- Homeowners
- Cities or government agencies (with special provisions)
If you truly slip and fall in a store, then the store owner will be held accountable. If you slip and fall in a city park, then the city will be held accountable but you’ll have more difficulty with a government agency.
Statute of Limitations: How Much Time Do You Have to Make a Claim
Here in Missouri, you generally have five years from the date of your injury to make a personal injury claim. That’s the statute of limitations. Your case will never make it to court if you wait. With government cases, time is shorter, sometimes 90 days to make a notice of claim. Be on time, life or death.
What are the Types of Injuries Involved in Slip and Fall Accidents?
Slip and falls produce all sorts of injuries, and they include:
- Fractures
- Concussions or head injury
- Strains and sprains
- Bruises and cuts
- Back and neck injuries
In some instances, the injury could be a long treatment program or a permanent alteration of injury. In that event, such injuries could have medical expenses, loss of wages, and pain.
What Type of Damages Do You Entitled to in Missouri?
If you can prove the owner of the property was careless, you can recover:
- Medical bills (past and future)
- The lost income from lost time at work and
- Pain and suffering
- Emotional distress
- Cost of ongoing treatment
Your recovery will vary based on how severe your injury is. And how much fault the other side has.
What If You’re Pretty Much at Fault?
Missouri City is a “pure comparative fault” state. That is, if you too share a degree of fault for the accident, your recovery will be reduced by the percentage of fault that you have.
For example, if you are 20% at fault and the property owner is 80%, your damage recovery will be reduced by 20%. So, for example, if your damages equal $100,000, you recover a maximum of $80,000.
What to Do If You’ve Slipped and Fallen
If you slip and fall, remember the following guidelines to protect your rights:
- Receive medical treatment as soon as possible. Even if you feel okay, some injuries may not appear until days or hours later.
- Report the accident to the building manager or landlord. Inform them about what has occurred.
- Photograph the hazard and injury. Take a photo of where you fell and why.
- Obtain the contact information of the witness. Request the name and phone number from witnesses who saw the person fall.
- Document the medical visit and bill. Record all the treatment and expenses.
- Don’t disclose too much about the accident to the insurance adjusters before you can speak with an attorney.
These are the things that will further your case and protect your claim.
Do You Need a Lawyer for Your Slip and Fall Case
You can’t hire an attorney, but it’s not worth the hassle. Slip and fall cases are usually involved. Insurance companies don’t want to pay as much as they are legally entitled to. A lawyer can help with the legal process to obtain the evidence, deal with the insurance company, and negotiate an equitable settlement. If you have a recurring severe injury or heavy physician bills, call an attorney right away.
Public Places Where Slip and Fall Accidents Happen in Kansas City
Slip and fall accidents happen in almost everywhere, including:
- Shopping malls and grocery stores
- Restaurant and taverns
- Private dwellings and apartments
- Walkways and parking lots
- City parks and city buildings
Property owners all over the country have an obligation to make property secure or alert visitors of risks.
What About Government Property?
Slips and falls on public property have special procedures. You will generally have to provide written notice of your injury, within a specified time period, usually 90 days, before you can sue a governmental agency. Missouri law also limits what you can recover from governmental defendants. These are harder cases to win. Slips and falls are the backbone of owners being held accountable for property to be kept safely. Slips and falls encourage owners to take action against hazards in good time. They make public safety and compensation for injuries to the injured parties.
FAQs On Missouri Slip and Fall Laws
1. May I sue since I slipped on ice in Kansas City?
Yes. You are responsible for taking away ice or for warning winter guests to be aware. Otherwise, you will recover.
2. I did not know the danger existed.
If the owner ought to have known the danger existed and did nothing to make it safe, you can recover even though you did not know.
3. How much can I recover from my injury?
The amount will vary based on your injury, doctor’s bills, lost wages, and percent of fault. Your case will be estimated by an attorney.
4. Can I file a lawsuit if I tripped and fell in a residence?
Yes. Reasonable care is owed to guest visitors by owners of houses. However, house cases are less common and more complex.
5. How long will it take to resolve my case?
Each case is different. Some settle within a few months. Some don’t. Sufficient evidence will get it sooner.
Last Words
Slips and falls can disable you. Kansas City law helps people like you by holding responsible negligent property owners. When you do get hurt, the sooner you exit the scene, the better. Document, get medical attention, and speak with an experienced Kansas City Personal Injury attorney. Understanding the law will keep you and your loved ones safe. Take caution, and in case you are injured, report instantly. Your safety and your rights matter.