St. Louis Slip and Fall Attorney

Defining Slip and Fall Lawsuit

According to the Law.com Dictionary, a slip and fall is a type of premises liability law “where the victim slips on something on the floor that was the result of negligence that leads to an injury and subsequent lawsuit against the owner of the premises, e.g. falling on spilled milk left on the floor in a grocery store.”

As mentioned above, the owner of a property has an obligation to protect individuals from injury.

Property owners are liable for the damages a visitor sustains if they did not do everything in their power to keep the property in a safe condition, but there is one extenuating circumstance.

A property owner does not owe a duty to trespassers because a trespasser entered the property without permission from the owner.

The only legal obligation a property owner has to trespassers is if there is a reason for children to access the property.

In law, this is referred to as the “attractive nuisance” doctrine. An example of this would be if a swimming pool is on the property.

A property owner should put up a fence to prevent children from swimming unsupervised and without permission of the property owner, thus eliminating the potential for a drowning accident to occur.

Common Slip & Fall Accidents in St. Louis

Most slip and fall accidents happen at retail stores.

Business owners, property owners, and construction companies have an obligation to protect individuals from slipping and falling. 

Typically, these means ensuring all surfaces are level, ice and snow are removed, staircases have no broken steps, floors are not left wet, and debris is moved from walkways. Common causes include:

Slipping on wet surfaces

Wet surfaces can include a variety of circumstances that cause a slip and fall accident.

If snow and ice are not properly removed after a winter storm, the property owner can be held responsible.

If spilled juice in a gas station is not cleaned up and visitors are not given notice of a wet surface, the property owner can again be held responsible.

Falling on broken or defective surfaces

What if broken stairs pose a significant risk to individuals or handrails are not properly installed for assistance going upstairs? What if a significant crack in a sidewalk has not been repaired posing a tripping hazard? What if there is a giant hole in the parking lot? All are examples of instances a property owner could be held responsible for failing to provide a safe environment.

Tripping over debris

Random objects in the walkway can pose a significant hazard and it is up to the property owner to ensure all walkways and surfaces are clear of debris that could trip a visitor.

Do I Qualify for a St. Louis Slip and Fall Lawsuit?

Every case has varying factors that can affect the viability of a lawsuit.

It is best to discuss your options with a St. Louis slip and fall lawyer to determine your next step.

Typically, you can file a lawsuit if the following conditions apply:

1. You must know what caused you to fall.
2. Prove that what caused you to slip and fall was unreasonably dangerous.
3. To be held legally responsible for your injuries, it must be determined that the property owner failed to ensure the property was safely maintained, or knew of the danger and failed to fix it. This could mean the property owner did not mop up spilled water, knew about a substantial crack in the sidewalk but failed to fix it, or failed to repair a broken stair. While those are all examples, the point is that a property owner is obligated to provide a safe environment for all visiting individuals.

While a slip and fall lawsuit may seem relatively straightforward, the legal process can be incredibly complicated. If you believe you may have a case, it is important to contact a St. Louis slip and fall lawyer. At that point, your legal team can guide you in the right direction.

What to Do if You Suffer a Slip and Fall Injury

A slip and fall accident can happen anywhere, at any time.

Often, the injuries can be extremely painful and have lasting effects.

If you did suffer a slip and fall injury, there are steps to take to ensure your future safety and health.

1. Mitigate further injury and seek medical attention right away. It is imperative you receive treatment, even if you do not believe you have any injuries. Oftentimes, internal injuries can go unnoticed which could cause major issues in the future.
2. Document the incident using photos, reports, statements, and witness testimony. The evidence you collect initially can help your lawyer establish a case down the road.
3. Record any costs associated with your injury. Again, this is important for a future lawsuit to recover compensation for the damages you suffered.
4. Contact a St. Louis slip and fall lawyer. By contacting a lawyer, you will be prepared for the next steps.

Missouri Slip and Fall Laws

According to Missouri statute of limitations law, any person who suffers an injury due to another individual’s negligence must file a lawsuit within five years from the date of the underlying incident.

This statute applies to most slip and fall incidents but is subject to change based on specific details of an individual incident.

Missouri law also outlines a “duty of care” – duty or obligation that the party controlling the property owes to any parties invited onto the property.

This includes a duty to mitigate any injuries to an invitee by ensuring that the property is reasonably safe.

Failing to meet these duties of care can result in an injury on the property, such as a slip and fall accident.

If the duty of care is not met, the injured party has a right to file a slip and fall accident lawsuit.

Hiring a St. Louis Slip and Fall Lawyer

Hiring a personal injury lawyer is not a decision that should be taken lightly. The civil litigation process can be overwhelming without the assistance of a legal expert.

The St. Louis injury lawyers at TorHoerman Law are experienced in slip and fall and premises liability accident cases. You can rest assured that we will take that experience and represent you to the best of our abilities.

If a property owner was at fault for your injuries, you can count on our firm to fight to get the compensation you deserve, such as medical bills and expenses, physical therapy, pain and suffering, and emotional distress.

If you believe you have a case, please contact a St. Louis slip and fall lawyer for a free, no-obligation St. Louis slip and fall lawsuit consultation.

St. Louis Slip and Fall Law Firm

TorHoerman Law

Our team of experienced personal injury attorneys specialize in slip and fall accident lawsuits.

We have won more than $4 billion in verdicts and negotiated settlements for our clients.

TorHoerman Law operates on a contingency fee basis.

Thus, you do not owe any payment until you have been compensated for your loss.

If you or a loved one are considering filing a slip and fall lawsuit, contact us today to find out what legal options are available to you.