Slip and Fall

Slip and Fall actions involve situations where someone is injured due to improperly maintained, defective, or dangerous property.  Improperly maintained or defective property can be the primary cause of physical injuries.  The nature of such claims can vary based not only on the kind of injury that you have sustained, but whether the injury takes place on private, public, or commercial property. Classification of a person’s presence on the property plays a role under the Missouri tort system. You can be classified in three main ways, as an invitee, licensee or trespasser.

INVITEE

A customer of a business is typically classified as an “invitee”. For example, if you go to a grocery store and you are injured on their premises, you are classified as an “invitee”. To recover for such a fall in Missouri, you must prove that:

• A dangerous condition existed on the premises;
• The possessor or owner of the premises knew, or, through the use of ordinary care, should have known of the condition;
• The possessor or owner failed to use ordinary care to remove, remedy, or warn of the danger;
• As a result of all of these elements, you were injured

LICENSEE

A social guest is typically classified as a “licensee”. For example, if you are invited to a residence for a party or dinner, you are referred to as a “licensee”. To recover in Missouri for any injuries you sustain as a “licensee”, you must prove that:

• A dangerous condition existed on the premises;
• The owner of the premises had actual knowledge of the dangerous condition;
• You weren’t aware of the condition and could not have discovered it in the exercise of ordinary care;
• The owner knew or in the exercise of ordinary care, should have known that you were unaware of the condition and could not discover it;
• The owner failed to use ordinary care to remove, remedy, or warn of the condition;

TRESPASSER

If you are injured on property and you have not been invited on the property, you would likely be classified as a ”trespasser”. The general rule in Missouri is that the owner of the property on which a trespasser is injured is not liable for harm caused by the owner’s failure to put his property in a reasonably safe condition. However, if a trespasser can prove that:

• A dangerous condition existed on the premises;
• The owner of the premises had actual knowledge of the condition; and
• The owner had actual knowledge of the presence of a trespasser, you may be entitled to damages under Missouri law

Contact Us to Learn More

If you need more information about Slip and Fall, call us at 636-397-2600 to schedule an appointment. We offer free initial consultations.