Injured in a Slip and Fall Accident? We Will Aggressively Fight for Your Rights.
Missouri Slip & Fall Attorney
Injured on Another Person’s Property in Missouri?
When you are invited to someone else’s property, the property owners have a responsibility to warn you of any potential hazards that could lead to your injury. When safety standards are ignored and guests are not made aware of hidden dangers, accidents can happen and innocent people can be unnecessarily hurt. If you have been injured in an accident resulting from someone’s negligence, you may be entitled to recover compensation with the help of a dedicated Missouri personal injury attorney from Kolker Law Firm.
Our firm is relentless in our pursuit of justice for our clients, having successfully represented thousands of cases. With over 40 years of combined legal knowledge, we are intricately familiar with the legal system and are eager to walk you through the process of filing a claim for your injuries. Protecting your rights is our top priority, and we are prepared to do all we can to recover the largest possible settlement for your case.
Fill out a free case evaluation form today to get started towards exceptional representation.
What Is a Slip & Fall?
While the term “slip and fall” is used as a general statement, any accident that involves an underfoot hazard can be considered to be a slip & fall. Broken tiles, wet floors, objects on stairs, and potholes can all lead to an injury if proper warning is not given of their presence. In Missouri, successful premises liability claims require proof that the property owner acted negligently.
In order to show negligence, the following must be proven:
- The defendant had reasonable knowledge of the hazard
- Despite this knowledge, the defendant failed to take reasonable precautions
- You were injured because of the property owner’s inaction
If negligence can be proven, you may be able to recover monetary compensation for damages related to the accident, such as medical expenses, lost income, and pain & suffering. It is important to note, however, that your eligibility for recoveries will be influenced by your level of fault in the accident, as determined by the court.
Slip and Fall Accidents on Public Property
If you slipped and fell on public property, such as a sidewalk, who is at fault? Negligence can occur anywhere, so it is important to know your rights.
Are Sidewalks Considered Public Property?
The short answer: yes. Sidewalks are considered public property in the state of Missouri. However, Missouri state law requires that owners and occupiers of any property with a sidewalk in front are responsible for keeping sidewalks clean and orderly. This includes the removal of ice and snow.
Since Missouri state law is rather muddy on this section of the law, the liability for injuries on sidewalks could land on the municipality, the property owner, or it could be both.
Sovereign Immunity
The most complex part about bringing lawsuits against government institutions is sovereign immunity. This rule states that Missouri public entities are exempt from liability. However, there are certain exceptions to the rule which allow people to pursue lawsuits against government entities who act negligently:
Injuries that result from negligent acts (or omissions) that are conducted by public employees and are caused by motor vehicle operation.
Injuries brought about by unsafe conditions of a public entity as long as the plaintiff can prove that the property was unsafe when the injury occurred. It must be established that the unsafe conditions directly caused the injury, created a reasonably foreseeable risk, and that either negligence, wrongful acts, or omission of an employee created the unsafe conditions. It must also be confirmed that the public entity was provided with a notice of the poor conditions with adequate time before the injury so that the public entity could have taken action in order to alleviate the danger.
For example, if a firetruck who is rushing to put out a fire strikes a pedestrian who is texting while jaywalking across the street, the firefighter driving the truck may be granted immunity. However, if the plaintiff can prove that fire personnel acted negligently by speeding without having sirens or emergency notification lights turned on, then the city may not be guarded by the immunity defense.
Statute of Limitations for Slip and Fall Accidents in Missouri
The statute of limitations for bringing claims against government agencies differs from that of property owners. If you plan to bring a claim against a property owner for a slip and fall accident, you have five years to do so. In Missouri, injury claims against the state government are filed with the Office of Administration’s Risk Management Division within 90 days of the accident.
Contact Us Today for Award-Winning Legal Counsel
Having recovered more than $100 million on behalf of our clients and been included in the Missouri Super Lawyers ® list, Kolker Law Firm can provide the skillful representation you need to get you through this difficult time.
With personalized attention and steadfast dedication to your case, we can help you get through this difficult time by making every effort to ensure that your rights are upheld. Our Missouri premises liability lawyers are prepared to vigorously protect your interests and seek the most desirable outcome for your case.
Call us at (314) 684-8285 to discuss your case with an experienced slip and fall attorney today.
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