Cape Girardeau Slip and Fall Attorney

Establishing a Property Owner’s Liability for What Happened

A slip and fall accident falls under the general law category of premises liability law. This applies to holding the premises owner liable for any injury that occurs on their property. Every business owner is responsible for providing a hazard-free environment to anyone who comes onto their property, including the staff.

In order to establish negligence, your Cape Girardeau slip and fall attorney needs to demonstrate the following elements:

• The property owner or manager created a dangerous environment that led to your injury.
• The property owner or manager had direct knowledge or should have known about the dangerous condition, but they didn’t take any steps to correct the situation.
• The property owner or manager failed to adequately warn visitors about the danger. For instance, they did not post “wet floor” signs when there was a spill.

It is important to remember that a premises liability can be more than a slip and fall accident. For example, a property that has inadequate security could create a dangerous environment that can lead to assaults and other criminal acts.

When To File a Slip and Fall Lawsuit in Southern Missouri

During your first consultation with a Cape Girardeau slip and fall attorney, you’ll be asked where the accident took place, what the result was, and when it occurred. The latter question is important because it pertains to the Missouri statute of limitations in injury cases. You have five years to file a lawsuit, and that time generally begins on the day of the accident.

Even though you have five years to file your civil complaint, you don’t have to wait until you are fully healed from your injuries before you talk to Prince Law Firm. You should get the answers to your questions and put a plan into action to pursue your compensation as soon as possible.

What Types of Damages Can You Seek if You’re Hurt?

According to data collected by the Centers for Disease Control and Prevention, there were 155 million emergency room visits in 2022. A large number of those visits had to do with the kind of injuries sustained in a slip and fall accident. That ER visit will be your first medical expense, and those bills can grow.

A slip and fall accident can result in a range of injuries, from minor sprains to traumatic brain injuries. There is also a range of possible treatments and recovery time. Although each injury is different, there are common damages that you can seek with the help of your lawyer. Here are the following damages:

• All medical costs, including doctor visits, tests, surgery, or hospital stays
• Rehabilitation expenses
• Current and future lost wages
• Accessibility costs for retrofitting your home (if applicable)
• Pain and suffering

The damages that are associated with bills, such as medical expenses, will be easy to assess. That is also true of your lost wages. You’ll be able to present documentation that backs up those damages. The category of damages that is more challenging to establish will be your pain and suffering. That relates to how much discomfort that accident has caused you. It also addresses how the accident has impacted your quality of life.

Typically, pain and suffering damages are calculated by the multiplier method. Your level of damages will be assigned a number of one to five, and that will be multiplied by your total economic damages.

Who Can File a Claim?

Before you can file a claim, you or your Cape Girardeau slip and fall lawyer will have to establish that you have a legal right to be on the premises. The following are the four categories of legal statuses:

Invitees

An invitee is anyone who comes onto a property for a business purpose, such as a customer or client. The property owner or manager owes invitees the highest duty of care and must take reasonable steps to ensure their property is safe and free of hazards.

Licensees

You would be a licensee if you go onto a property for any purpose that does not involve a business transaction. These would include guests who visit a friend or family member’s home. The property owner owes licensees warnings about any known hazards. For instance, you might warn someone that your front porch steps are slippery and to hold onto the railing.

Trespassers

A trespasser is anyone who comes to the property without the owner’s permission. That property owner generally owes no duty of care to trespassers. The only exception would be causing intentional harm. For instance, you can set a trap to catch a trespasser.

Other Factors That Impact Slip and Fall Cases

There are some other legal concepts that can play a role in cases like these, affecting whether you can take legal action. Those include:

Attractive Nuisances

The attractive nuisance category pertains to children who might wander onto a property without permission and harm themselves. This can happen if a child falls into a swimming pool, locks themselves in an abandoned car or refrigerator, or hurts on an old trampoline.

Foreseeable Injuries

A slip and fall accident is framed as a foreseeable act of negligence. Typically, this happens when a hazard is created on a property, and the owner is aware of the hazard, but they don’t take any effective measures to repair or warn invitees or licensees about the danger.

In some situations, a hazard can be created, and someone is injured even before the owner is aware. For instance, when it rains, a grocery store can have wet floors at the door. Someone slips and falls before the owner or manager can tend to the wet floor. However, this is also when the foreseeable factor comes into play. If rain is predicted, the owner or manager should take preventive action, such as putting down rubber mats or hazard signs.

Different Kinds of Premises Where Slips and Falls Occur

A slip and fall accident could occur in many types of premises. The following premises can apply to licensees or invitees:

• Grocery store
• Retail store
• Movie theater
• Restaurant
• Bar
• Nightclub
• Stadium
• Gym
• School
• Hospital
• Church
• Medical office
• Office building

Getting Answers From a Cape Girardeau Slip and Fall Lawyer

If you fall at any type of business, you must notify the manager before leaving the premises. Even if you can walk out on your own, the business must be aware of what happened. That will generate the first important piece of evidence that you’ll want to present to the Prince Law Firm at your free initial consultation.

Before that consultation, you should write out a list of questions you want answered. Those can include the following:

• What evidence do I need to prove my claim?
• How much is my claim worth?
• How long will it take before there is a settlement offer?
• Do we have to go to court?
• What are your fees?

A Cape Girardeau slip and fall lawyer can provide all the answers to those questions and discuss the initial impressions of your case. If we decide to proceed with your claim, we will formalize an agreement and get to work. We’ll help gather the evidence, prepare a demand letter, and take over all communications with the insurance company. Our goal is to strive to find a fair and fast resolution for your claim. Call to schedule your consultation today.