Under Missouri law, property owners generally are required to use reasonable and ordinary care to keep their property safe, or warn an individual of a dangerous condition on the property. These are often referred to as premises liability cases. Generally, property owners are liable to individuals on their property, who are not trespassers, if they:

1. cause a dangerous condition, which leads to a trip or slip and fall injury, or
2. knew about the dangerous condition but didn’t correct it, warn of it or barricade it, or
3. should have known about the dangerous condition because a “reasonable person” would have found the condition and taken steps to prevent injuries caused by the condition.

Some examples of unsafe or dangerous conditions are:

1. wet floors (caused by spills, leaking appliances, recently mopped areas, etc.),
2. uneven surfaces (caused by lifted sidewalks or bricks, unexpected rises or drops),
3. broken or poorly designed and installed stairs, railings or doors,
4. poorly designed or improperly installed ramps,
5. poor or no lighting or security cameras,
6. an unleashed or uncontrolled dog or other animal that bites or attacks

When injured in a trip or slip and fall caused by a dangerous condition, some people may think getting compensation is a simple process. Actually, an injured individual has the burden of proof to show that a dangerous condition existed and that the dangerous condition caused the injuries. The key issue is whether the accident have been prevented. If there was no way that the property owner could have known about the dangerous condition, a lawsuit would likely be unsuccessful against that property owner. Causation can be shown through three steps.

1. There must be a connection between the dangerous condition and the accident that occurred.
2. The accident must have caused injury to the individual. There are several common injuries from a slip or trip and fall, including: broken wrists, ankles, legs, arms, and hips; back injuries; neck injuries; traumatic brain injuries (TBI’s); paralyzation; and even death.
3. There must be a connection between the injuries and the damages suffered by the individual. Damages would include such items as lost wages, medical bills, and other expenses occasioned by the injury.

Receiving the compensation you deserve after an injury is a complicated process, but you don’t have to go through it alone. The attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC, have years of experience helping slip and fall victims. If you or a loved one has been injured in a slip and fall, contact us today. We understand that your injuries may prevent you from meeting at our office, which is why we’re happy to meet with you at your home or even the hospital if necessary.