Imagine you’re walking through a grocery store, checking items off your list, when suddenly, your foot slides out from under you. The floor is slick with an unnoticed puddle. In a split second, you’re on the ground, pain shooting through your leg or back. The embarrassment is immediate, but the pain and confusion quickly take over. You wonder if you’ve broken something or how this fall could impact your daily life.
Slip-and-fall accidents can happen in a matter of seconds but leave lasting physical and financial impacts. Whether your fall occurred in a Cape Girardeau grocery store, a restaurant in Sikeston, or a parking lot in Poplar Bluff, you may have a legal claim under Missouri’s slip and fall laws.
At Cook, Barkett, Ponder & Wolz, our SEMO personal injury lawyers are familiar with these laws and are ready to help you determine if you have a claim. Slip and fall accidents fall under an area of the law called premises liability, which holds property owners and occupiers responsible for ensuring their property is safe for visitors.
We take on tougher cases that often require litigation but understand that not every case needs to go to trial. We’ll fight for your fair settlement, but we won’t back down if the insurance company refuses to offer what you deserve.
What is a Slip and Fall Accident?
Slip and fall accidents refer to incidents where someone is injured by slipping, tripping, or falling due to a hazardous condition on someone else’s property. These types of accidents can happen almost anywhere: in grocery stores, parking lots, restaurants, sidewalks, or even private homes. Common causes of slip and fall accidents include:
- Wet or slippery floors
- Uneven surfaces or cracked sidewalks
- Poor lighting in stairways or walkways
- Loose rugs or carpets
- Obstructed walkways
While the hazards may seem minor, the injuries caused by slip and fall accidents can be severe. Victims may suffer from broken bones, traumatic brain injuries, spinal injuries, or other significant harm. Our SEMO personal injury attorneys have worked with clients who have experienced a range of injuries from these incidents and understand the physical, emotional, and financial toll they can take.
Premises Liability and Missouri Law
Slip and fall cases fall under the legal concept of premises liability, which refers to the responsibility of property owners and occupiers to maintain a safe environment for visitors. In Missouri, property owners have a legal duty to ensure that their premises are free of hazards that could cause injury.
However, the specifics of this duty depend on the type of visitor. Missouri law recognizes three types of visitors:
- Invitees – People who are invited onto the property for business purposes, such as customers at a store. Property owners owe the highest duty of care to invitees and must actively keep their property safe for them.
- Licensees – Visitors who are on the property with permission but not for a business purpose, like social guests. Property owners owe a reasonable duty of care to licensees but are not required to make the property as safe as they would for invitees.
- Trespassers – People who enter the property without permission. Property owners generally do not owe a duty of care to trespassers, but they cannot intentionally harm them or create dangerous conditions with the intent of causing injury.
For invitees and licensees, property owners must regularly inspect their property, address potential hazards, or at least provide adequate warning if a danger exists. If a property owner or manager fails to take reasonable steps to address these hazards, they may be held liable for injuries that occur on their property.
This is where an experienced SEMO personal injury lawyer can help evaluate your claim and determine if the property owner may be held accountable.
Types of Slip and Fall Injuries
Slip and fall accidents can cause injuries such as:
- Broken bones: Fractures are common in slip and fall accidents, particularly in the wrists, arms, and hips.
- Head injuries: A slip and fall can cause traumatic brain injuries, ranging from mild concussions to more severe injuries that require long-term treatment.
- Spinal cord injuries: These can lead to temporary or permanent paralysis, depending on the severity of the injury.
- Soft tissue injuries: Tears, sprains, and strains in muscles, ligaments, or tendons can occur and may take weeks or months to heal.
Our experienced legal team knows these injuries can be incredibly painful, debilitating, and expensive. Medical bills, lost wages, and physical therapy are just a few of the financial burdens that can add up after a slip and fall. That’s why we are committed to holding negligent property owners accountable and helping our clients seek compensation for their losses.
Who is Liable for Slip and Fall Injuries?
Liability in a slip and fall case is often complex and requires a detailed review of the circumstances leading up to the accident. Missouri law holds that property owners can be held liable if they were negligent in maintaining their premises, which means they either knew or should have known about a dangerous condition and failed to fix it.
Factors that your lawyer will evaluate when determining who may be liable in a slip and fall case include:
- The length of time the hazard existed before the accident.
- Whether the property owner had received complaints or notice about the hazard.
- The actions the property owner took (or failed to take) to remedy the hazard.
- Whether the injured person was legally allowed to be on the property.
In Missouri, the injured party’s actions may also be scrutinized. Missouri follows a system of comparative negligence, which means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by the percentage of their fault
For example, if you were texting while walking and failed to notice a hazard, your compensation could be reduced if a court finds you partially responsible for your fall.
Circumstances That Could Affect a Slip and Fall Case
Sometimes, a property owner may argue that the injured person’s actions contributed to the accident. This could include situations where the injured person was:
- Trespassing: If you were on the property without permission, holding the property owner liable may be more challenging unless they acted maliciously or recklessly.
- Ignoring warning signs: If there were clear warnings about a hazard, such as “wet floor” signs, the property owner may argue that you should have been more careful.
- Engaging in risky behavior: If you were engaging in reckless behavior, it could impact your claim.
While these factors complicate a case, they don’t automatically prevent you from recovering compensation.
Evaluating a Slip and Fall Claim
To determine whether you have a valid slip and fall claim, a lawyer will need to thoroughly investigate the accident. At Cook, Barkett, Ponder & Wolz, our team of SEMO premises liability lawyers knows how to dig into the details and build a strong case. Key factors that we review include:
- Evidence of the hazardous condition: This may involve gathering photos or video footage of the dangerous condition that caused the fall.
- Witness statements: We’ll talk to any witnesses who saw the accident or can provide information about the condition of the property.
- Medical records: Your medical history and records of the treatment you’ve received for your injuries will be used to prove the extent of your damages.
- Property records: We’ll investigate whether the property owner or manager was aware of the hazard and what actions they took to address it.
Reviewing these elements, we can identify the liable party and build a strong case on your behalf.
The Role of Insurance in Premises Liability Claims
When you’re injured in a slip-and-fall accident, dealing with insurance companies becomes an inevitable part of the process. In Missouri, most property owners carry liability insurance to cover accidents that occur on their premises. While this should provide some relief to victims, the reality is often more complicated. 
Insurance companies are in the business of making money, and one way they do that is by minimizing the amount they pay out on claims. After you file a slip and fall claim, you’ll likely be contacted by an insurance adjuster representing the property owner’s insurance company.
Remember that the adjuster’s goal is to protect the insurance company’s bottom line, not to ensure you receive full compensation for your injuries.
Common Tactics Insurance Companies Use
Insurance adjusters may employ a variety of tactics to reduce the value of your claim, including:
- Denying liability: They might argue that the property owner was not responsible for the hazard or that they did not have enough time to address the dangerous condition before your accident.
- Downplaying your injuries: Adjusters may try to minimize the severity of your injuries, questioning whether the fall truly caused them or suggesting that you’re exaggerating the extent of your pain.
- Offering a quick, low settlement: Insurance companies often offer a fast settlement shortly after the accident in hopes that you’ll accept it before you’ve had time to fully assess your medical expenses and long-term needs. These offers are usually far below what your case may be worth.
This is where having a seasoned SEMO premises liability attorney on your side can make all the difference. At Cook, Barkett, Ponder & Wolz, we know insurance companies’ strategies, and we work to prevent them taking advantage of you. We’ll review any settlement offers, and if the insurance company refuses to offer a fair settlement, we won’t hesitate to take your case to court.
Why You Need Legal Representation
While you may be tempted to handle the insurance claim on your own, having a lawyer advocate for you during negotiations greatly improves your chances of receiving fair compensation. Without legal representation, you might inadvertently say something to the adjuster that could harm your case or underestimate the long-term costs of your injuries.
At Cook, Barkett, Ponder & Wolz, we have extensive experience dealing with insurance companies and know how to push back against unfair tactics. We’ll make sure your rights are protected every step of the way, from filing the initial claim to negotiating with adjusters and, if necessary, presenting your case in court.
Remember, the insurance company is not on your side, but we are. If you’ve been injured in a slip and fall accident anywhere in Southeast Missouri, including Cape Girardeau, Sikeston, Scott City, or Poplar Bluff, our SEMO personal injury lawyers are here to help you pursue the full compensation you deserve.
Why Choose Cook, Barkett, Ponder & Wolz for Your Slip and Fall Case?
Slip and fall cases can be tough. They often involve complex premises liability laws, dealing with insurance companies that want to minimize payouts, and proving negligence on the part of a property owner.
At Cook, Barkett, Ponder & Wolz, we have a reputation for taking on the tougher cases that may require litigation. While we work hard to secure fair settlements, we won’t back down from an insurance company that refuses to offer the compensation you deserve. Our trial lawyers are prepared to take your case to court if necessary.
Contact Us Today
We serve clients across Southeast Missouri, with a main office conveniently located across from the Osage Center and northwest of Southeast Missouri State University, making it easy for
you to stop by and discuss your case. If you’ve been injured in a slip-and-fall accident, don’t wait to seek legal help.
If you believe a property owner’s negligence caused your injuries, it’s important to seek legal advice right away. Contact us today for a free consultation. Let us evaluate your claim and help you understand your legal options. Call our Cape Girardeau office at 573-335-6651 or contact us online now.