Slip & Fall Injury Lawyers
in Kansas City, Missouri
All property owners, residential and commercial, have the duty to ensure safe environments for all visitors. If you have been harmed by a hazardous condition on another’s property including a sidewalk, personal residence, restaurant, mall, hotel, office building school, park, theater, or museum, you may be eligible to file a premises liability claim and receive compensation for your injury which is why you need to contact a slip and fall lawyer in Kansas City, Missouri with the Noland Law Firm.
These Slip and Fall injuries most commonly occur from uneven or slippery surfaces but can also be the result of:
- crumbling stairs
- wet floors
- exposed electrical wiring
- raised flooring
- falling debris
- obstructed pathways
- poorly lit walkways
Table of Contents
What Constitutes Slip and Fall Liability in Missouri?
Slip and fall incidents lead to over a million emergency room visits annually across the United States, according to the National Floor Safety Institute. If you’re considering an injury claim following a slip and fall in Kansas City, Missouri, it’s crucial to understand the basics of liability.
Not every slip and fall case results in legal responsibility, but when it does, it often requires proving negligence on the part of a property or business owner. This typically involves demonstrating that the owner was aware of a hazardous condition and failed to take appropriate action to remedy it. Despite how they are sometimes portrayed in movies, slip and fall accidents can cause serious injuries and are often preventable. Legal liability in these cases hinges on showing that the property owner was negligent.
The Occupational Safety and Health Administration (OSHA) reports that slip and falls are responsible for 15% of all accidental deaths in the country, making them the second leading cause of death after car accidents. If you’ve been injured in a slip and fall at a business in Kansas City, understanding how liability is determined under Missouri law is essential, as it can significantly impact your right to recover compensation for medical expenses and other damages.
What is comparative negligence in a Missouri slip & fall case?
When pursuing a slip and fall claim in Missouri, it’s not uncommon for the property owner to assert that you share some responsibility for the accident. This tactic is prevalent in slip and fall cases across all states, including Missouri. If the property owner successfully attributes some legal blame to you, it can significantly impact the compensation you receive, potentially resulting in a lower settlement or no compensation at all.
Several arguments may be presented by the property owner to allocate blame, such as:
- You were on a part of the property not usually accessible or expected for visitors.
- Your footwear was inappropriate or unsafe for the situation.
- Cones and signage cordoned off the hazardous condition, or it should have been obvious to you.
- You weren’t paying attention while walking, possibly due to using your phone.
In Missouri slip and fall cases, the state’s “pure comparative negligence rule” is applied if the case goes to court. According to this rule, any damages awarded are reduced based on the percentage of your fault. For instance, if the jury finds you 30 percent responsible for the slip and fall accident and awards $10,000 in damages, the property owner is only liable for $7,000 (original $10,000 minus the 30 percent reflecting your share of fault).
This shared fault principle is integral to Missouri personal injury cases. Even if your case doesn’t reach trial, the comparative negligence rule influences settlement negotiations. The property owner’s insurance company or attorney considers the potential impact on a court case, shaping settlement offers with your perceived role in causing or contributing to the injuries in mind. Establishing a strong case against the property owner becomes crucial in light of these considerations.
Who is responsible for your slip and fall accident in Missouri?
In Missouri, responsibility for a slip and fall accident rests on proving negligence by the property owner under premises liability. The legal duty varies based on the visitor’s status—customers or guests receive higher protection than trespassers. Business owners are obligated to identify and address potential hazards leading to slip and fall accidents.
To succeed in a premises liability lawsuit, demonstrating that the property owner knew or should have known about the hazardous condition causing the accident is crucial. For instance, a grocery store’s failure to promptly address a spilled substance on the floor makes them liable for resulting slip and fall accidents.
Courts assess multiple factors in determining liability, considering issues like unlabeled hazards or neglected maintenance of sidewalks. Establishing negligence is pivotal in holding property owners accountable for slip and fall incidents in Missouri.
How long do you have to file a slip & fall injury claim in Missouri?
In Missouri, the statute of limitations is a key consideration when pursuing a slip and fall injury claim. This legal deadline dictates the timeframe within which you must file a lawsuit in the state’s civil court system. For slip and fall injury claims in Kansas City, the statute of limitations falls under the general category for personal injury cases. According to Missouri Revised Statutes section 516.120, you have five years from the date of the incident to file a lawsuit against the property owner.
This five-year timeframe also applies to any lawsuits related to property damage resulting from the slip and fall, such as damage to personal belongings. Successfully proving a slip and fall case depends on demonstrating that the property owner’s negligence caused the accident. Numerous factors contribute to establishing negligence, so understanding how fault is determined is crucial.
Filing a lawsuit after the statute of limitations has expired may lead to the court dismissing your case, which is why it is essential to understand how this law affects your claim. In rare circumstances, the statute of limitations may be paused or “tolled,” allowing for an extension of time to file. It is advisable to consult with an attorney at Noland Law Firm for guidance on these exceptions and how they may apply to your specific situation in Kansas City.
How are slip and fall injury settlements calculated in Missouri?
To determine the appropriate compensation for a slip and fall accident in Missouri, the initial step is evaluating the financial, physical, and emotional losses incurred by the victim.
Key factors influencing the claim amount include the severity of injuries, the total economic impact (expenses for treatment and recovery), lost wages, and assigning a fair value to non-economic injuries such as pain and suffering. More painful or visibly permanent injuries, longer-lasting treatments, and invasive procedures can lead to higher settlement amounts.
In instances where a slip and fall accident victim is pregnant during the incident, injuries to the baby may contribute to increased compensation. Slip and fall settlements in Missouri often involve a damages formula, a mathematical calculation used as a starting point for negotiations in determining the claim amount.
For personalized guidance on calculating potential damages in your slip and fall case, consider reaching out to Noland Law Firm for expert assistance and a thorough evaluation of your situation.
Contact Our Kansas City Slip & Fall Injury Lawyers
If you were injured due to a slip and fall injury in Liberty, Gladstone, Independence, Blue Springs, Excelsior Springs, Kearney, Smithville, Saint Joseph, North Kansas City, and throughout the greater Kansas City area, it is worth hiring a personal injury lawyer from Noland Law Firm to help settle your case with knowledge and compassion. Contact us today to schedule a free consultation, or please call us at (816) 781-5055 to discuss your personal injury case.
