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Farrell and Martin

Family Law, Business Law & Personal Injury Attorneys

Experience — Integrity — Results

636-397-2600

  • Family Law
    • Divorce and Legal Separation
    • Paternity and Child Support
    • Custody and Visitation
  • Business Law
    • New Business Formations
    • Buying or Selling a Business
    • Business Contracts
    • Civil Litigation
    • Landlord – Tenant
    • Real Estate Transactions
  • Personal Injury
    • Auto and Truck Accidents
    • Product Liability
  • Traffic Law
    • Driving While Intoxicated (DWI)
    • Points Violations in Missouri
    • Eliminate or Reduce Points
    • Drivers License Suspension & Reinstatement
    • Driving with a Revoked or Suspended License
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    • Tim Farrell
    • Brent Martin
    • Edie Jansson
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    • Why Farrell and Martin?

Slip and Fall

Small Firm
Expert Advice
Great Results

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.

 

  • Auto and Truck Accidents
  • Slip and Fall
  • Product Liability

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Farrell & Martin

636-397-2600


220 Salt Lick Road
St. Peters, MO 63376

Family Law

  • Divorce or Legal Separation
  • Paternity
  • Child Custody
  • Child Support
  • Spousal Support
  • Property Division
  • Modification & Relocation
  • Prenuptial Agreement
  • Adoption

Personal Injury

  • Auto & Truck Accidents
  • Slip & Fall
  • Product Liability

Business Law

  • New Business Formations
  • Buying or Selling a Business
  • Business Contracts
  • Civil Litigation
  • Landlord/Tenant Disputes
  • Real Estate Transactions

Traffic Law

  • Driving While Intoxicated (DWI)
  • Point Violations in Missouri
  • Eliminate or Reduce Points
  • Drivers License Suspension and Reinstatement
  • Driving with Revoked or Suspended License

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