Slip-and-fall accidents can lead to serious injuries, especially when they occur on private property. Whether it's a residential home, apartment building, or privately owned business, property owners have certain responsibilities to keep their premises safe for visitors. When they fail to meet those responsibilities, injured parties may have grounds to seek compensation.
In Missouri, personal injury cases involving slip-and-fall accidents require proof that someone else’s negligence contributed to the fall. That can be tough without a solid understanding of how liability is established under state law. Thankfully, The McCallister Law Firm in Kansas City, Missouri, can walk through the most important factors that help determine fault in these cases.
Premises Liability in Missouri
Before getting into specific factors, it's important to understand how Missouri treats premises liability. This area of law governs who’s responsible when someone gets hurt on another person’s property.Missouri recognizes different types of visitors, and the duty of care a property owner owes depends on the visitor’s legal status. Here's how that breaks down:
Invitees: These are people invited onto the property for the owner's benefit, like customers in a store. Owners owe them the highest duty of care.
Licensees: These visitors are on the property with permission but for their own reasons, such as social guests. Owners must warn them about known dangers.
Trespassers: People who enter without permission. Owners usually only have to avoid intentionally harming them.
Since most cases regarding slip-and-fall accidents involve invitees or licensees, owners are expected to regularly inspect their property and fix or warn about hazards. Failing to do that can make them liable.
Proving Negligence in Slip-and-Fall Cases
To hold a property owner liable for a slip-and-fall injury, you have to show they were negligent. Negligence means they didn't act with reasonable care under the circumstances. In legal terms, this involves several elements. Some of the key elements used to prove negligence:
Duty of care existed: The property owner owed you a duty based on your status as a visitor.
Breach of duty occurred: The owner failed to act reasonably to maintain safe conditions.
Causation is clear: That breach directly caused your injury.
Damages were suffered: You experienced real harm—medical bills, lost wages, pain, etc.
All of these must be proven with evidence, which makes it essential to understand the various contributing factors that can strengthen your case.
Hazardous Conditions That Commonly Lead to Falls
Not every slippery floor or uneven step is grounds for a lawsuit. You’ll need to prove that the hazardous condition was dangerous enough that a reasonable property owner would’ve addressed it. Some dangerous conditions include:
Wet or recently mopped floors: Especially if no warning signs are placed nearby.
Uneven flooring or loose tiles: Tripping hazards that often go unfixed.
Cluttered walkways: Boxes, cords, or furniture obstructing normal walking paths.
Poor lighting: Dark stairwells or entryways that make it hard to see obstacles.
Snow or ice buildup: Especially when not cleared in a timely fashion.
These are the kinds of conditions that can support a slip-and-fall claim if they’ve been left unaddressed for an unreasonable amount of time.
Actual vs. Constructive Knowledge
One of the trickiest parts of a slip-and-fall case is proving the property owner knew about the hazard. Missouri law allows for two paths here: actual knowledge and constructive knowledge. Here are a couple ways to prove the owner had knowledge of the hazard:
Actual knowledge: Evidence shows the owner directly knew about the danger, like a broken step they’d already been warned about.
Constructive knowledge: The hazard existed long enough that the owner should have known about it if they’d been reasonably careful.
Constructive knowledge often comes up in cases involving businesses. If a spill was on a grocery store floor for 30 minutes with no cleanup effort, a court might say the store should’ve discovered it in that time.
The Importance of Inspection and Maintenance
Property owners can’t just wait for something to break before taking action. They're expected to perform regular checks and routine maintenance to keep the area safe. Evidence that shows a lack of proper maintenance can include:
No inspection records: For businesses, not having logs of routine checks can hurt their defense.
Lack of cleanup policies: Restaurants, stores, and landlords should have standard procedures in place.
Ignored complaints: Prior reports from tenants or guests that were never addressed.
Deferred repairs: Long-standing maintenance issues like broken stairs or leaking pipes.
A slip-and-fall attorney can subpoena maintenance logs, employee statements, or security footage to highlight these failures.
Victim Behavior and Comparative Fault
Missouri follows a pure comparative fault system, meaning your compensation can be reduced if you're partly responsible for the fall. The court looks at how much each party contributed to the accident. Here are some examples of victim behavior that could reduce compensation:
Ignoring posted warnings: Signs like “Wet Floor” or “Do Not Enter” might shift some blame.
Wearing unsafe footwear: Flip-flops or heels in icy or uneven conditions could work against you.
Distracted walking: Looking at your phone while walking may also factor in.
Being in an unauthorized area: If you weren’t supposed to be in a certain part of the property, the owner’s liability could be reduced.
Even if you’re found to be 30% at fault, you can still recover 70% of the damages. But the property owner’s defense counsel will likely try to push that number higher, so it’s important to have strong legal representation.
Evidence That Supports Your Claim
Proving liability takes more than just saying you fell. You’ll need detailed documentation that connects the property owner’s actions—or inactions—to your injury. Here is some strong evidence you should gather after slip-and-fall accidents:
Photos and videos: Of the scene, any hazards, and your injuries.
Witness statements: Especially from people who saw the fall or know the property’s condition.
Incident reports: If you fall in a business, ask for a written report on the spot.
Medical records: Documentation of the injury and treatment timeline.
Surveillance footage: Video from cameras on the premises can be vital.
The sooner this evidence is collected, the stronger your case will be. Time-sensitive materials like security videos are often deleted quickly, so acting fast is key.
How Weather Affects Liability
Weather-related conditions like snow and ice are common causes of slip-and-fall accidents in Missouri. But bad weather doesn’t automatically make a property owner liable. Here are a few factors courts consider in weather-related cases:
Timeliness of response: Did the owner shovel or salt the walkway promptly?
Predictability: Was the storm ongoing, or had it stopped hours ago?
Location of hazard: Was it in a high-traffic area like a sidewalk or entryway?
Preventative measures: Did the owner use mats, handrails, or warning signs?
Missouri courts often apply the "natural accumulation" rule, which says owners aren't always liable for natural ice or snow unless they made the situation worse or failed to act when they reasonably could have.
Get Qualified Legal Guidance
Slip-and-fall accidents can happen in seconds, but the legal fallout can stretch for months or even years. With the right legal guidance, you can focus on healing while your case gets attention. The firm serves clients in Kansas City, Missouri. Reach out to The McCallister Law Firm today to get started with a free consultation.
