Slip and fall accidents are more common than you might imagine. In fact, the Centers for Disease Control and Prevention estimate that over a million slip and fall accidents occur every year in the United States, resulting in over 17,000 deaths. Many of these accidents take place in public establishments. Slip and fall accidents can be caused by wet or slick floors, unexpected gradients, or an unexpected object on the floor, among other causes.
Missouri Personal Injury Law
When a proprietor opens his establishment to the public, he is essentially issuing an invitation to the public to patronize his business. Under Missouri personal injury law, the proprietor automatically undertakes a duty to exercise “reasonable care” to protect his patrons against dangerous conditions on his property. If his failure to exercise reasonable care (“negligence”) injures a patron, the proprietor may be required to pay damages in an amount equivalent to that harm. A proprietor who is an employer is generally jointly responsible for the negligent acts of his employees.
Defenses to Slip and Fall Claims
l Comparative fault: The proprietor can reduce or even eliminate his liability if he can show that you were partially or fully to blame for the accident – you were in a restricted area of the establishment without authorization, for example, you were intoxicated, or you ignored a clear warning signs such as “Wet Floor”. Under Missouri slip and fall law, however, the merchant must pay something if he was even partially at fault.
l Statute of limitations: In Missouri you generally have five years from the date of the accident to file a lawsuit, subject to certain exceptions. If the accident resulted in death, a wrongful death lawsuit must be filed by a close relative within three years of the date of death.
l Lack of opportunity to rectify: If a spill occurred 30 seconds before your accident, the proprietor might argue that it did not have enough time to rectify the condition before the accident.
l Assumption of risk: The proprietor might argue that the patron assumed certain obvious risks that are inherent in operating the business. A proprietor who operates a hiking trail, for example, might argue that the risk of slipping and falling are inherent in hiking. This argument would carry particular force if you signed a waiver of liability before you began hiking.
Lawsuit Verdicts and Settlement Values
Even though most slip and fall cases are settled out of court, the amount of the settlement you receive is likely to reflect the amount that you likely would have won in a lawsuit verdict, since if the proprietor knows that if he refuses to settle you can always file a lawsuit. In a Missouri slip and fall case you are entitled to compensation for your medical bills, lost work time, incidental expenses such as child care， and perhaps even legal expenses, among other items. You can also recover for intangible damages such as pain and suffering, although Missouri law caps pain and suffering damages in slip and fall cases at $250,000. In cases of serious injury, you might receive hundreds of thousands of dollars in total.
Contacting a Lawyer
If you suffered a slip and fall accident in Kansas City, Missouri or surrounding areas in either Missouri or Kansas, you need an experienced and streetwise slip and fall lawyer who is equally adept at litigating in court and negotiating at the settlement table. Call the Kansas City Personal Injury Attorneys at Hubbard & Kurtz today at (816) 472-HOPE (4673) to schedule an appointment at our office or, if necessary, your home.