Slip and fall facts
Slip and fall accidents also known as trip and fall accidents come under the area of law known as premises liability. Depending on what type of “class” the injured party falls into determines what duty of care the injured party was owed.
Missouri recognizes 3 broad types or classes of plaintiff's for a premises liability case. 1) Trespassers, 2) Licensees’ and 3) Invitees.
A trespasser is a person entering the premises without consent.
A licensee is one who enters with consent of the owner or tenant but for the licensee’s own purpose. A social guest is most often considered a licensee.
An invitee is one who enters with the consent of the owner or tenant for the benefit of the owner or the tenant. They are also called a business invitee or a business visitor.
Invitees are owed the highest duty while trespasser are owed the least duty of care.
Here is a partial list of trip and fall or premises liability accidents covered under premises liability:
Broken sidewalk
Holes in parking lots
Uneven floors or broken ground
Broken elevators
Cracked or broken steps
Puddles of water or ice
Oil on parking lots
Broken railings
Debris on the floor
Hotel swimming pools
Falling merchandise
Slip and fall accidents can happen at:
shopping malls such as the Battlefield Mall, the Branson Landing or Tanger Outlet Mall
Hospitals such as Cox, St Johns or Skaggs
Office buildings
Apartments
Strip malls
parking lots or garages
Restaurants
Grocery stores
Hotels and Branson Resorts
A special category is public sidewalks and government owned property. Time is of the essence of all slip and fall cases, but especially those involving a personal injury on any governmental property including city or municipal governments. Many city charters and Missouri state law require that notice of claims be given, usually in writing, in a very short time period. Failure to do so may forever bar your claim. Typically the Statute of Limitations on a premises slip and fall claim is 5 years, however when dealing with a city or state government property notice of the injury must be provided in some instances in as little as 30 to 90 days depending on the particular government agency owning the property.
Here and here are some additional things you should do immediately after a premises liability accident.
If you have been injured in a slip and fall or other premises liability action contact a premises liability attorney or slip and fall lawyer immediately.
