Premises Liability in Missouri: Kansas City Legal Advice After a Fall

Slip and fall situations are unforeseen events. You are walking one minute and the next you are down on the ground with your back or head hurting. Slips and falls result in serious injury and unexpected expense. In Kansas City, Missouri, the law helps the person injured by an unsafe premise known as premises liability.

Owners of business and property in Missouri must make sure that the premises are safe. If they do not make the premise safe, they can be liable. For example, if you slipped on a slick floor, tripped over uneven steps or walked straight into inadequate lighting, you may have a case. This article translates Missouri premises liability law into plain English. It speaks to your Kansas City slip and fall rights and how to protect yourself.

What Premises Liability Is

Premises liability is when the owner or property manager is held accountable for injuries caused by unsafe conditions on the property. The law requires them to make the property as safe as possible for tenants, customers, and visitors.

Unsafe conditions in Kansas City include:

• Slippery or wet floors
• Loose mats or rugs that could cause tripping
• Broke stairs or handrails
• DARK parking lots or hallways
• Uneven sidewalks or potholes
• Obstruction of passageways by clutter
• Ice or snow which is not shoveled at entranceways

If these conditions cause an individual to fall, the owner of property can be sued.

Missouri Premises Liability Law

Missouri law takes into account the status of the injured person and the status of the property owner. The law categorizes visitors into three categories:

• Invitees – People invited for business purposes. Example: Shop customers in a department store. Property owners have the duty to keep the property in good condition reasonably and make repairs in a timely manner.
• Licensees – Social guests or people who are allowed on the land. Example: Guests visiting your home. Owners have the duty to inform them of known hazards.
• Trespassers – People entering without permission. Owners owe little duty, but owners can’t intend to injure a person.

The best duty of care is due to invitees. If you fell in a store, mall, or restaurant, you likely have good legal grounds to file a claim.

Injuries Resulting from a Fall

A fall can lead to severe injuries, especially for elderly individuals. Some of the most common injuries are:

• Broken bones
• Head injury or concussion
• Back and spinal injuries
• Sprains and torn ligaments
• Cuts and bruises
• Hip fractures

Such injuries have the potential to result in hospitalization costs, lost wages, and prolonged healing periods. It is for this reason that victims typically make compensation claims. Minor falls will always have hidden injuries. A concussion, for example, could fail to manifest itself at first. Spinal cord injuries can become worse if they are not treated. Always consult a doctor at once.

What to Do if You’ve Fallen in Kansas City

If you fell on someone else’s property, do the following:

1. Get medical attention – Your health must be addressed first. Minor injuries must also be treated.
2. Report the incident – Notify the property manager or store manager. Get a copy of the report.
3. Picture the scene – Take a picture of the cause of the fall. Record lighting, weather, and surroundings.
4. Get witnesses’ details – If there is a witness who saw you falling, his or her statement can be helpful.
5. Record all that is spent – Record medical expenses, receipts, and other expenditures incurred.
6. Speak to an attorney – A Kansas City premises liability attorney will help in the legal process to detail your rights.

Act quickly. The more solid your case is when you present evidence soon after the fall, the better.

Damages Recoverable

Fell victims recover damages for:

• Medical bills
• Lost wages
• Pain and suffering
• Rehabilitation costs
• Long-term care expenses

The actual amount depends on the severity of the injuries, the degree of negligence, and other factors of the case. Missouri also permits recovery of emotional and physical distress. If the victim was in fear, depression, or anxious about ever being able to walk again from the fall, these can be taken into account in a claim. 

Why Kansas City Cases Often Have Complications

Kansas City premises liability cases often involve a lot of detail. Insurance companies will try to limit payments by trying to put fault on the victim. They may claim that you:

• Overlooked warning signs
• Were distracted
• Were wearing inappropriate shoes

Missouri is a comparative fault state. That will reduce your award if you are partially at fault. If you were 20% at fault, for example, your damages are reduced by 20%. The owners and their insurance companies can also plead the danger was not permanent or work was being done to repair and solve the problem. These are some of the reasons why legal representation is justified. A lawyer who has handled such a case can counter such arguments.

How a Lawyer Can Help

A Kansas City premises liability lawyer can:

• Inspect the place of the accident
• Get medical records and evidence
• Obtain witness testimony
• Negotiate with insurance companies
• Represent you in court if necessary

Kansas City personal injury attorneys attempt to prove the property owner violated their duty of care. Attorneys also keep you from being wrongly held at fault for the accident.

Missouri Statute of Limitations

You have five years in Missouri to file a personal injury lawsuit. If you delay, you risk losing your right to be awarded damages. Delays ruin your case. Evidence is destroyed, witnesses forget what they saw, and conditions of property have changed. Taking action protects your rights.

Kansas City Hot Spots for Slip and Fall Injuries

Slip and fall accidents can happen anywhere, but some places are more prone to them:

• Grocery stores and supermarkets
• Restaurants and bars
• Apartment complexes
• Hotels and motels
• Public walkways and lots
• Office buildings

If the owner of the property knew of the danger but did not make repairs, they will be liable. Most of the accidents are due to a failure of maintenance or delay in repairs. Even seemingly minor hazards like dampness or loosely arranged rugs can cause a serious injury.

Preventing Your Rights After a Fall

To protect your legal rights:

• Don’t sign insurance documents without counsel assistance.
• Don’t settle the issue prematurely without knowing the overall expenses.
• Keep all the documents that bear any connection to your injury.
• Talk to an attorney immediately.

These actions will increase your probability of fair recompense.

Preventing Future Falls

Falls do occur, but falls can be avoided. Owners have the ability to avoid them. Good lighting, quick clean-up of spills, secure handrails, and regular maintenance all contribute. You, as a guest, can take care too. Use shoes properly, watch your step, and report dangers to the owner. This does not take away from the owner’s responsibility but avoids accidents.

Frequently Asked Questions About Missouri Premises Liability

1. I fell and slipped in a store in Kansas City. What should I do?

Report the fall to the store manager, photograph the hazard, get witness statements, and get treated for injuries immediately.

2. Am I able to sue if I partly caused the fall?

Yes. Missouri is a comparative fault jurisdiction. Your damages are reduced by your share of fault but are not eliminated entirely.

3. How many years do I have to bring a premises liability claim in Missouri?

You have five years from the date of the accident. If you don’t get there in time, you are barred from bringing a claim.

4. Do I need an attorney for a premises liability claim?

It is highly recommended. A lawyer can gather evidence, deal with insurance adjusters, and fight for fair compensation. 

5. What am I entitled to for a slip and fall?

You are entitled to recover fees for medical charges, lost wages, pain and suffering, and other costs associated with the accident.

Final Words

Slip and fall accidents cause permanent injury and financial distress. Missouri law allows you to hold the property owners who don’t maintain premises in a safe condition accountable. If you fell and slipped on a Kansas City property, don’t hesitate. Document everything, get medical treatment, and consult with a Kansas City Slip And Fall Accident Lawyer. Even a minor accident has long-term consequences. Take care of yourself by doing the following and being aware of your rights under Missouri law.