Slip and fall.
Real injuries.
A slip-and-fall is treated by most people as embarrassing rather than serious. Insurance carriers exploit that hesitation. The injuries from a fall — fractured hip, torn meniscus, traumatic brain injury, herniated disc — can disable you for months or for life. Premises liability law exists to make property owners pay when their negligence caused your fall.
How Missouri premises liability actually works
- The visitor classification. Missouri law sets a different duty depending on whether you were an invitee (customer in a store), licensee (social guest), or trespasser. Most commercial-property cases involve invitee status, which carries the highest duty of care.
- Notice. The property owner must have known — or in the exercise of reasonable care should have known — about the dangerous condition. Spilled juice on aisle 7 that has been there for 30 minutes is constructive notice.
- The condition. Wet floors without warning cones, broken stairs, inadequate lighting, ice and snow not removed within a reasonable time, torn carpet, code violations.
- Causation. The dangerous condition must have caused your fall and your injuries. Pre-existing conditions complicate but do not bar claims.
First steps after a Missouri slip-and-fall
- Report the fall immediately to the property manager or store, and get a written incident report. Ask for a copy.
- Photograph the hazard before it gets cleaned up — the wet floor, the broken step, the ice, whatever caused you to fall.
- Get the names of witnesses and any employees who came to your aid.
- Seek medical care that day, even if you can walk away. Many serious injuries (TBI, internal bleeding, hairline fractures) present hours or days later.
- Preserve your footwear and clothing in the condition they were in when you fell.
- Do not give a recorded statement to the property owner's insurance carrier.
Common Missouri premises liability cases we handle
- Grocery and big-box store falls
- Restaurant slip-and-falls (kitchen-tracked grease, spilled drinks, dropped food)
- Apartment-complex stairs, walkways, and parking lots
- Hotel and motel falls
- Workplace falls that fall outside workers’ comp
- Construction-site falls involving general contractors and subs
- Ice and snow cases (Missouri uses the “natural accumulation” rule with exceptions for unnatural or aggravated conditions)
Frequently asked questions
How long do I have to file a Missouri slip and fall lawsuit?
Five years from the date of the fall under RSMo §516.120 for most premises liability claims. Notice of claim against a government entity (city sidewalk, state property) can be as short as 90 days, so call immediately if your fall happened on public property.
What if I was partly to blame for the fall?
Missouri uses pure comparative fault under RSMo §537.765. A jury can find you 40% at fault and the property owner 60% at fault, and you still recover 60% of your damages. Your recovery is reduced, not barred.
Do I have a case if there was no warning sign but it was obvious?
Maybe. Missouri’s “open and obvious” doctrine can limit recovery, but it does not automatically bar it. If the property owner could reasonably anticipate that a customer would encounter the hazard despite its obviousness (distracted by merchandise, for example), the case still moves forward.
How much is a Missouri slip and fall case worth?
It depends on the severity of the injury, treatment required, lost wages, any permanent restrictions, the property owner’s available insurance, and how clearly liability can be proven. Missouri’s pure comparative fault rule also affects recovery. No lawyer can give a meaningful number without reviewing the medical records and the applicable policy. Every case is different and past results do not predict future outcomes.
Will my fall be covered if I was at a friend’s house?
Yes — social-guest (licensee) claims are valid in Missouri when the host knew of a dangerous condition and failed to warn. The claim is paid by the homeowner’s liability insurance, not the friend personally.