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A slip and fall accident can happen on someone's property at any time, especially if the owner is careless enough to leave hazards unaddressed. Sadly, the victim could end up with serious injuries that can prevent them from being able to work or live a normal life. This change could be temporary or permanent.
Injured parties can file personal injury claims against negligent owners, but they must be able to prove fault. How is this done in slip and fall cases? Check out the details and other useful insights below.
Keep the Statute of Limitations in Mind
When someone gets injured after slipping because a property owner failed to address a hazard, there isn't an infinite amount of time to file a claim. Missouri has a very generous statute of limitations, allowing claims to be filed up to five years after the injury.
Be that as it may, victims are advised not to wait to get the legal process started. As time passes, evidence can get disrupted, and it becomes increasingly more likely that fair compensation will be difficult to secure.
The Pure Comparative Negligence Rule Applies to a Slip and Fall Case
Injured parties in premises liability cases don't always get a full settlement when dangerous conditions are present, though owners are legally responsible. Missouri uses the pure comparative fault rule.
If the victim is partially or fully to blame, there can be a reduction in the compensation awarded, if any. For example, maybe the plaintiff was somewhere on the property that prohibited visitors when the slip and fall accident occurred.
Establishing Fault in a Slip and Fall Lawsuit Is Largely Based on the Legal Duty of the Property Owner
As indicated before, a property owner has a legal responsibility to ensure that the conditions of their premises remain safe. Reasonable steps must be taken to ensure that any hazards that would cause a victim to slip or fall are addressed in the shortest possible order.
It doesn't always happen this way, which is why Missouri personal injury cases may be filed when a visitor suffers damages. Additionally, a slip and fall attorney in St Louis MO representing the injured party must prove fault, which is done by demonstrating any of the following:
No steps were taken to have the dangerous condition rectified on time, though the property owner was aware of the problem.
While there was no awareness of the hazard, the owner should have known. This is because anyone in their position taking reasonable steps would've discovered it, which would have allowed repair to take place. For example, imagine a hazard is present for six months and would've been discovered if any inspection had taken place.
Whatever issue caused the accident only exists because of the actions of the property owner, an employee, or a tenant.
Proper Evidence Is Essential
One of the best ways to illustrate a property owner's negligence is by presenting relevant evidence to bolster the claim that is being made. Typically, this means that the victim would need to do their best to capture useful information at the time of the accident.
Pictures or videos that show where the incident occurred and what the hazard was go a long way. It's a good idea to capture this quickly, since some owners may want to attempt to address the problem immediately to pretend that no issue was present.
If any witnesses saw the slip and fall happen, getting their contact information is beneficial. Persons who are familiar with the state of the property and the defect are also valuable, even if they didn't see the accident.
What Kind of Damages Can an Injured Person Recover from a Successful Slip and Fall Claim?
A victim of a slip and fall accident can claim two damage classes. These are economic damages and non-economic damages.
Economic damages have a verifiable dollar value, which can be referenced based on documentation. Examples include medical bills or lost wages.
Non-economic damages, on the other hand, apply when there are effects of the accident that are rooted in a dip in quality of life. Loss of consortium or pain and suffering are good examples.
If compensation is awarded in a premises liability case, it will be the total of all the relevant damages.
Typical Slip and Fall Circumstances
A slip and fall accident can happen for a variety of reasons. Some of the common examples are as follows:
There is a wet floor in a convenience or grocery store.
A parking lot or walkway happens to be icy.
Loose debris or carpets are present.
The property owner fails to install proper guardrails where they need to be.
Inadequate lighting is present on the property.
What Is the Role of an Attorney in Premises Liability Matters?
A seasoned slip and fall accident attorney will begin by evaluating the immediately available details to determine if it is possible to proceed with an injury claim. The deciding factor will be the legal requirements of a premises liability matter. They can also help with how to prove fault in a construction accident in Missouri.
Additionally, the lawyer will be able to identify relevant damages, help with case building, and negotiate on behalf of the victim for the best possible settlement. Should the matter be taken to trial, the legal professional will then represent the injured party.
Can a Slip and Fall Accident Attorney Value Damages at the Onset?
Even if a victim tells an attorney all the details of how an accident happened during an initial consultation, it's not possible to provide an accurate figure without the case-building process bringing all relevant details to light. Even with that done, no one knows if the defendant will settle out of court or what may be awarded from a trial.
Schedule a FREE Initial Consultation with a Passionate Missouri Slip and Fall Accident Lawyer Today!
Being injured because of someone else's negligence is an unfair situation that could present financial, physical, and emotional challenges. This is a reality for victims of Missouri slip and fall incidents.
Why should you suffer because a property owner didn't do their job? If you experienced a slip and fall accident because of unaddressed hazards, you may be entitled to compensation.
Schedule a free, no-obligation consultation with a seasoned attorney from Powell Law Firm today! Give us a call to get the conversation started.
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