Slip and fall lawyer · St. Louis
Slip and fall lawyer in St. Louis: what you need to prove after a fall
After a slip and fall in Missouri, you usually must show two things. The owner knew, or should have known, about the danger. And the owner did not fix it or warn you. You generally have five years to sue, but a fall on a broken city sidewalk can need written notice to the mayor within 90 days.
Why you were there changes what the owner owed you
Missouri law sorts visitors into three groups. Each group is owed a different level of care. The group depends on why you were on the property.
THE THREE GROUPS
- Customers and business visitors. You were in a store, restaurant or office for business. The owner must use reasonable care. That means fixing dangers it knows about, and dangers a reasonable inspection would find.
- Social guests. You were at a friend’s home or a private gathering. The owner must make safe the dangers it actually knows about. This is a lower duty.
- Trespassers. You were there without permission. In general, the owner owes you no duty of care. A few exceptions can apply.
The Missouri Supreme Court has said a guest at a Bible study in a private home was a social guest, not a business visitor. So the first questions Mr. Padda asks are simple. Where did you fall? Why were you there? Who invited you?
Proving the owner knew about the danger
A fall alone does not prove the owner did something wrong. You usually need to show one of three things:
- The owner or its workers created the danger.
- The owner knew about the danger.
- The danger was there long enough that a careful owner would have found it.
Time often matters most. How long was the spill on the floor? How long was the step broken? But in self-service stores, time is not the only question. How the store displays its goods, and what kind of item caused the fall, also matter.
Evidence that helps show the owner knew
- Security video. Many stores record over it on a schedule.
- Cleaning logs, repair requests and past complaints about the same spot.
- The incident report, and the names of workers on duty.
- Photos of the danger before anyone cleaned it up.
- Your shoes and clothes, kept just as they were.
The firm often starts by sending a letter asking the owner to save the video and records.
Dangers you could see, and your own share of blame
An owner can often expect visitors to notice dangers that are plain to see. But the owner can still be responsible if it should have expected people to get hurt anyway. A step you can see in daylight may be a different story in a dark stairwell.
What if you were partly at fault? Missouri uses a rule called pure comparative fault. Your money award goes down by your share of the blame. Say a jury finds you 25 percent at fault. Your award drops by 25 percent. But your claim is not thrown out. The comparative fault guide shows how this works.
Falls on city sidewalks, streets and public property
Cities and other government bodies are shielded from many lawsuits. Missouri law makes an exception for dangerous public property (RSMo 537.600). To use it, you must show:
- The property was in a dangerous condition when you were hurt.
- The dangerous condition directly caused your injury.
- The condition made your kind of injury a foreseeable risk.
- A public worker created the danger, or the government knew or should have known about it in time to fix it.
There is also a short notice rule. Say you are hurt by a broken sidewalk, street, bridge or boulevard in a Missouri city of 100,000 or more people. That includes the City of St. Louis. You must give written notice to the mayor within 90 days (RSMo 82.210). The notice must say where and when you were hurt, what happened, and that you will claim damages.
90 days
Your deadline to give written notice to the mayor before suing a Missouri city of 100,000 or more people over a broken sidewalk, street, bridge or boulevard. Source: RSMo 82.210.
This 90-day notice is separate from the deadline to sue. It is much shorter. Read more about cases in the City of St. Louis.
What to do after a fall
- Get medical care. Tell the provider exactly how you fell.
- Take photos of the danger, the area and any warning signs. Note if there were none.
- Ask for an incident report. Get a copy or the report number.
- Write down names of witnesses and workers.
- Do not give a recorded statement to the owner’s insurance company yet. Read talking to insurance adjusters first.
Your deadline to sue, and how the firm can help
For a fall on private property, you generally have five years to file a lawsuit. This deadline is called the statute of limitations (Missouri law, RSMo 516.120). The deadline guide explains when the clock starts.
Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled. Harjot Singh Padda, JD will look at why you were there, what the owner knew, and whether a claim makes sense for you.
Common questions
Can I file a claim if I fell at a friend’s house?
You may be able to. Your friend must fix dangers they actually knew about. Homeowner’s insurance often covers these claims. See what to bring to your consultation.
The store says the spill just happened. Is my claim over?
Not always. Time is one factor. How the store sells its goods also matters. Video and cleaning logs often answer the question. See the personal injury overview.
I tripped on a broken city sidewalk. What is different?
Special rules protect cities. You may need to send written notice to the mayor within 90 days. Read about City of St. Louis cases.
What if I was partly to blame for my fall?
Your award goes down by your share of the blame. Your claim is not barred. See the comparative fault guide.
How much does it cost to talk to the firm?
The first meeting is free. Fees are contingent under a written agreement. See contingency fees explained.
Related reading
- Personal injury cases in St. Louis
- Back and neck injuries
- Brain injury claims
- How long an injury case takes
Talk with the firm about your fall
Call or text and tell us where and how you fell. Mr. Padda will explain which rules apply, including any 90-day notice.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Carter v. Kinney, 896 S.W.2d 926 (Mo. banc 1995) (invitees, licensees, social guests). CourtListener
- Anderson v. Accurso, 899 S.W.2d 938 (Mo. App. W.D. 1995) (duty to licensees). CourtListener
- Sheil v. T.G. & Y. Stores Co., 781 S.W.2d 778 (Mo. banc 1989) (notice in self-service stores). CourtListener
- Harris v. Niehaus, 857 S.W.2d 222 (Mo. banc 1993) (open and obvious conditions). CourtListener
- Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) (pure comparative fault). CourtListener
- Mo. Rev. Stat. § 537.600 (sovereign immunity; dangerous-condition waiver). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 82.210 (90-day written notice to the mayor). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.120 (five-year limit, injury to the person). Missouri Revisor of Statutes