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Noland Law Firm, LLC Legal Blog

Wednesday, April 18, 2018

Seeking Justice in Missouri Courthouse Slip and Fall Case

Q: Who is guilty in courthouse slip and fall accident?

Premises liability attorneys know that residential and commercial property owners have a duty to maintain their premises in a safe manner to prevent injuries to those who enter the property.

If someone is injured due to poor or unsafe conditions--generally determined on a “reasonableness under the circumstances” standard-- the owner may be held responsible for their injuries in a personal injury lawsuit.

Slip trip and fall cases are a common subsection of personal injury law. Visitors to premises can be injured by uneven or slippery surfaces, exposed electrical wiring or poorly lit walkways, falling debris, and crumbling stairs among other things.

Generally, it's important to seek counsel from a skilled personal injury attorney in a premises liability case quickly as the owner or manager of the property may attempt to repair the hazardous condition before photographic evidence can be collected. In order to establish liability, you must not only establish that the hazardous condition existed when you fell, but also that the property owner "knew about the hazardous situation and failed to correct it in a timely manner" and that their failure to do so caused the condition that lead to your fall and resulting injuries.

A Missouri personal injury action related to serious injuries allegedly suffered by a woman who fell down the Common Pleas Courthouse basement stairs has become a finger-pointing match between state, county, and city governments which are all the named defendants in the lawsuit. The plaintiff worked for a real estate title company and was retrieving a file from the courthouse basement when she reportedly slipped and fell down the stairs allegedly sustaining over $130,000 in medical expenses.

If a victim can establish that their injuries were caused by the negligent, reckless, or intentional actions or inactions of another person or entity, they may be entitled to recover compensatory damages in a personal injury lawsuit. Such damages may include the victim’s current and anticipated future medical expenses, current and future lost income and diminished earning capacity, pain and suffering, and more, depending on the circumstances.

While both the city and county allegedly agree that they share ownership of the courthouse, the city claims the stairs were not defective and that an old agreement holds the county responsible for the maintenance and repair of the building. The county and state each claim the other is in “possession and control of the premises” and is therefore responsible for its maintenance.

If you or a loved one has been injured in a slip and fall accident or any other accident as a result of unsafe conditions on commercial or residential premises, the personal injury attorneys at Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Liberty, Missouri, we represent injured people and their families throughout the Kansas City metropolitan area and western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.


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