Slip-and-Fall Accident

How to Prove Liability in My Missouri Slip-and-Fall Accident

A slip-and-fall accident can leave you with bruises, broken bones, and even a traumatic brain, head, or spinal cord injury. After suffering from one of these injuries, you might be asking yourself, “Can I get any financial compensation from the property owner?” 

The short answer to this question is that it will depend. For a property owner to provide compensation, you must first prove that they were liable for the injury. Here is an outline of the process of proving liability in a slip and fall claim and when to contact a Missouri slip and fall attorney. 

When Is a Property Owner Liable for Slip and Fall Injuries?

Generally speaking, property owners are responsible for keeping their premises in a safe condition and taking reasonable precautions to protect any visitors. This includes both residential and commercial properties. 

While you may often hear of slip and fall cases happening due to a spill or slippery floor at a restaurant, hotel, or retail store, you can also potentially file a slip and fall claim if you fall on broken stairs at an apartment complex, for example. 

Some of the influential factors to establish whether a property owner is liable include the following: 

  • A dangerous condition existed in the first place
  • The property owner knew or should have known about the dangerous condition
  • The property owner failed to take reasonable precautions to remove or repair the hazard or warn a visitor of the condition
  • As a result of the condition, you sustained injuries 

All of the above must be shown to be successful in a claim of negligence. If you can prove that the property owner’s negligence caused your injury, you will ultimately have a better chance of recovering financial compensation. 

How to Prove Liability and Recover Compensation 

Proving that a dangerous condition existed and the property owner’s negligence caused your injury requires gathering a substantial amount of evidence. A law firm can help you in this area, and there are also some steps you can take immediately after the incident to gather evidence and preserve your claim. 
As the person requesting compensation for your slip and fall injuries, the burden is on you to prove that the property owner was negligent. The following evidence (if available) can be instrumental in proving your claim: 

  • Photographs of the dangerous condition
  • Video surveillance of your slip or fall
  • Statements from witnesses who saw the incident
  • Statements from first responders at the scene
  • An incident or accident report filed with the manager or owner
  • Medical records (including your doctor’s prognosis)
  • Building maintenance records
  • Previous reports of complaints about the same or similar conditions
  • Local building codes and regulations
  • Testimony from expert witnesses 

In an ideal world, you would be able to take photos and videos at the scene and get recorded witness statements. However, if you were seriously injured, that might not have been possible. A Missouri slip and fall attorney can do a follow-up investigation to help you build your case and strengthen your claim. 

In the event that you are successful in proving negligence, you may be able to recover the following: 

  • Medical bills
  • Ongoing medical treatment
  • Lost wages
  • Future lost earnings
  • Other related expenses
  • Loss of enjoyment of life
  • Pain and suffering
  • Punitive damages 

Contact an Experienced Missouri Slip-and-Fall Attorney for Help 

Whether you are dealing with either a minor injury or something that is significantly more catastrophic, contact The Law Offices of Kevin Roach for assistance. Our law firm has a successful track record of helping people injured in slip-and-fall accidents. 

Let us do the work of collecting evidence while you focus on your recovery. Call us at (636) 942-6713 to schedule a free consultation.