Slip and fall accidents can occur unexpectedly and lead to severe injuries. In these situations, you may wonder, "What is a slip and fall lawsuit?" This article will discuss the basics of a slip and fall lawsuit under Missouri law, and what you need to know if you find yourself in such a situation.
Defining a Slip and Fall Lawsuit
A slip and fall lawsuit falls under the broader category of premises liability cases. It's a legal action taken by a person who has slipped (or tripped) and fallen due to unsafe conditions on someone else's property, and as a result, suffered harm.
Slip and Fall Lawsuit in Missouri
In Missouri, a crucial element of a slip and fall case is proving negligence. The injured person must show that the property owner failed to maintain their property in a reasonably safe condition, or failed to warn visitors about potential hazards.
How to Prove Negligence in Missouri
Proving negligence in a Missouri slip and fall lawsuit typically involves demonstrating the following elements:
1. The existence of a dangerous condition on the property
2. The property owner knew or should have reasonably known about the condition
3. The property owner failed to correct the dangerous condition or adequately warn visitors
4. This negligence resulted in the accident and subsequent injuries
Comparative Fault in Missouri Slip and Fall Cases
It's important to note that Missouri operates under a "pure comparative fault" system. This means that if you're found to be partially at fault for your accident, your compensation will be reduced by your percentage of fault.
A slip and fall lawsuit in Missouri can help injured parties recover compensation for their medical bills, lost wages, and other related expenses. However, these cases can be complex, requiring substantial evidence and legal expertise. If you've been injured in a slip and fall accident, consulting with an experienced Missouri personal injury attorney can help you understand your legal options.