Winter in Missouri can be beautiful, but the ice and snow bring a serious danger: slip and fall accidents. If you got into an accident on someone else’s property due to an accumulation of ice or snow, you are likely facing significant pain, medical bills, and lost wages. It’s natural to wonder, "Who is responsible for my injuries?"
This is a complex question under Missouri law, but understanding the basics of premises liability can help you protect your rights.
The Property Owner's Duty of Care
In Missouri, property owners—including homeowners, business operators, and landlords—have a general legal duty to maintain their premises. They need to keep them in a reasonably safe condition for visitors. This responsibility is known as premises liability.
When it comes to winter weather, the critical factor is whether the property owner acted "reasonably" to prevent the hazard. You are owed this duty of care if you were on the property legally, such as a customer, a tenant, or a social guest.
Understanding the "Natural Accumulation Rule"
One of the most important concepts in Missouri snow and ice cases is the "Natural Accumulation Rule."
Generally, Missouri property owners are not liable for accidents or injuries caused by the natural accumulation of ice and snow. The law recognizes that it is often impossible to keep an area perfectly clear during an ongoing storm or immediately after natural precipitation.
However, this rule has critical exceptions that can establish liability:
- Unnatural Accumulation: If the property owner or their agent (like a snow removal contractor) created a hazard that is more dangerous than the natural condition. For example, piling snow in a way that directs melting water onto a sidewalk, which then freezes, could be considered an unnatural accumulation.
- Voluntary Undertaking: If the property owner chooses to clear the snow or ice but does so negligently or improperly, creating a new, more dangerous condition (like leaving behind clear patches of black ice).
- Failure to Clear within a Reasonable Time: Many businesses and commercial properties have a higher duty to clear common areas promptly, especially where a municipal ordinance requires timely removal.
Was the Owner Negligent? Proving Your Claim
So how can you have a successful claim? Ultimately, you must prove that the property owner was negligent. This means demonstrating four key elements:
- Duty: This states that the property owner owed you a duty of care.
- Breach: The owner breached that duty when they failed to take reasonable steps to remedy or warn you of the unnatural or negligently created hazards.
- Causation: The breach of duty specifically or directly caused your slip and fall accident.
- Damages: You suffered injuries and losses (medical bills, lost wages, pain and suffering) as a result.
Evidence is crucial. If you are able, take photos of the icy area immediately, report the fall to the owner or manager, and get contact information for any witnesses.
Missouri's Comparative Fault System
One major concern for injured victims is, "What if I was also being careless?"
Missouri follows a Pure Comparative Fault system. This means that even if you are found to be partially at fault for your fall (e.g., you were walking too fast), you can still recover damages. Your total compensation would simply be reduced by your percentage of fault. An experienced attorney can defend you against claims of shared fault and fight to maximize your recovery.
We Are Here to Help You Recover
Being injured in a slip and fall accident is disruptive, frightening, and painful. You shouldn't have to fight a property owner's insurance company alone. At Kolker Law Firm, we understand the complexities of Missouri premises liability law and are committed to holding negligent parties accountable. We will review the facts of your case and help you take the next step toward the compensation you deserve.
If you or a loved one has suffered an injury due to ice or snow hazards this winter, please reach out. Don't wait—evidence fades quickly. Contact us for a free, confidential consultation today by calling (314) 684-8285.