Did you slip and fall while visiting another person’s home or apartment? You may be wondering whether or not you have a viable personal injury claim for compensation. The short answer is “it depends”—a homeowner in Missouri could bear liability for a slip and fall accident, but there are certain criteria that must be met. Here, our Kansas City premises liability attorney highlights the key things to know about suing a residential property owner for a slip and fall accident in Missouri.
Premises Liability: Defined
Slip and fall accidents—including residential slip and falls in Missouri—are governed by premises liability law. Broadly defined, premises liability is an area of law that holds property owners and property occupiers legally responsible for accidents that happen on their premises if the victim’s injuries were caused by negligence.
What to Know About Premises Liability for Residential Slip and Falls in Missouri
Many slip and fall accident claims are brought against businesses and/or commercial property owners. However, residential property owners can absolutely bear liability for a slip and fall on their premises if the accident happens because of negligence. In other words, you may be able to sue a homeowner in Kansas City for a slip and fall accident that happened on their property. Here are two key points to know about bringing a slip and fall accident claim:
- Permission to Be on Residential Property Matters: Under Missouri law, liability for a slip and fall will depend, in part, on the status of the injured party—invitee, licensee, or trespasser—and the property owner’s corresponding duty of care. Most residential slip and fall cases involve licensees (social guests) or invitees (such as workers or tenants), to whom a property owner owes a duty to warn of known dangerous conditions.
- You Must Prove All Elements of the Case: A homeowner is by no means automatically liable for a slip and fall on their premises. To establish liability in a residential slip and fall case, you must prove that: (A) a dangerous condition existed on the residential property, (B) the homeowner knew or should have known of the condition through reasonable inspection, (C) the homeowner failed to exercise ordinary care in warning or remedying the condition, and (D) the dangerous condition was the actual cause of your slip and fall accident.
Know the Legal Deadline: Under Missouri Statute § 516.120, slip and fall accident injury claims are subject to a five-year statute of limitations.
Recovering the Maximum Compensation for a Slip and Fall
Hurt in a residential slip and fall accident in Kansas City or elsewhere in Missouri? You have the right to seek compensation for the full extent of your damages, including for any non-economic injuries. A proactive approach is the best approach. Our Kansas City slip and fall accident attorney is prepared to help you seek financial compensation for:
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Disability or disfigurement; and
- Wrongful death.
Call Our Kansas City Premises Liability Attorney Today
At House Law LLC, our Kansas City premises liability attorney fights aggressively for justice. If you slip and fall on residential property, we are here as a trusted legal resource. Call us now or contact us online for a free, no-obligation case review. With an office in Kansas City, we handle premises liability cases throughout the greater Kansas City region in Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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