Slip & Fall Injury in Missouri

A slip and fall accident is exactly what it sounds like–an accident in which someone slips, falls, and injures themselves in the process. When you hear “slip and fall accident,” you make think of the yellow caution signs that employees set out after mopping a floor. Though slipping on a wet floor is a common type of slip and fall accident, it’s far from being the only type of slip and fall accident that happens on a day to day basis.

A slip and fall accident can include falls on:

• Icy walkways
• Slick pavement
• Greasy surfaces
• Puddles
• Wet floors

A slip and fall accident can happen anywhere–at someone’s home, on a sidewalk, in a park, in a store, or even at work. In most situations, the owner of the property is responsible for maintaining safety and alerting visitors or patrons of any potential safety risk.

While our firm is focusing primarily on slip and fall accidents for the purpose of this article, it’s important to note that there’s a minor distinction between slip and fall accidents and trip and fall accidents. The distinction is fairly self-explanatory but is still worth addressing. A slip and fall accident happens when someone steps on something slippery and falls backward. However, this exact same accident becomes a trip and fall accident when the victim falls forward regardless of if they actually trip on a particular object such as a crack in the sidewalk or threshold, or even if they step on something slippery.

When referring to a slip or a trip in non-legal contexts, these terms are sometimes used interchangeably, but during mediation, it’s important to understand the legal definition of these two terms. Like a slip and fall, a trip and fall will often result in a wide variety of injuries ranging from not serious to deadly, however, because a trip and fall action moves forward, the injuries will be more centered around the front of the body including:

• Head or brain injuries
• Broken teeth
• Broken or sprained bones
• Kneecap injuries

Like slip and fall accidents, trip and fall accident victims must also be incredibly diligent in seeking medical attention, regardless of whether they’re in any actual pain. This is especially true if you’ve hit your head, or if you had a hard fall with no noticeable symptoms.

In Missouri, liability in a slip and fall accident typically depends on the specific circumstances of the case and whether negligence can be proven. Some cases will rely on premises liability, which generally states that property owners or occupiers have a duty to maintain their premises in a reasonably safe condition for visitors and customers.

If a slip and fall accident occurs due to a hazardous condition on the property, such as a wet floor, uneven surface, or insufficient lighting, the property owner or occupier may be held liable if it can be demonstrated that:

• They knew or should have known about the dangerous condition.
• They failed to take reasonable steps to remedy the condition or provide adequate warnings to visitors.
• The dangerous condition directly caused the slip and fall accident and resulting injuries.

Remember, it typically doesn’t matter if the slip and fall accident happened at a store, a restaurant, a park, or a neighbor’s house–when it comes to determining liability, it matters who caused the accident and if they attempted to prevent the accident from happening.

A trespasser breaks into a home and falls down the homeowner’s stairs sustaining injuries. The trespasser sues the property owner for damages and is successful. Outrage ensues.

Could this happen in Missouri? Possibly. While Missouri has amended its version of premises liability law to not include homeowner or renter liability in trespassing cases, there are several exceptions. If the homeowner in this scenario had experienced several break-ins prior to the incident and decided to boobytrap his staircase by pouring canola oil on it, then, yes, the property owner may be liable. Homeowners in Missouri aren’t allowed to knowingly set traps in their homes, even for unwanted guests.

While all laws may have potential shortcomings, premises liability law is in place to protect all citizens from injury and to provide slip and fall victims with compensation when they need it. Some may think that trespassers don’t deserve the same protection as those who are invited to a property, but the same premises liability amendments made by the Missouri state government to protect burglars from boobytraps, also protect trespassers under the age of 18.

Trespassing isn’t always a malicious act; if a child loses a baseball in the yard of a neighbor, the parents of the child shouldn’t have to worry about him or her being mauled by a dog, or slipping on the homeowner’s walkway, which is why these premises liability exceptions exist in Missouri.