The key to making a premises liability claim in a slip and fall accident is your ability to establish that the incident took place on another person's property and that property was not properly maintained to accommodate for a visitor's safety.
SLIP AND FALL LAW
One of more of the following conditions will need to have existed in order for you to be able to successfully find fault and hold another person liable for your slip and fall accident:
- The dangerous conditions on the property were ones that should have been known about, either by the property owner themselves or an employee of the property owner and the problem should have been fixed
- The dangerous conditions on the property were known about, either by the owner of the property or an employee of the property owner, and no action was made to fix the problem(s)
- The dangerous conditions on the property were caused by the owner themselves or an employee of the property owner and no action was taken to alleviate or fix the problem at hand
- The ability to show that reasonableness was not met in a slip and fall accident will also come into play as you attempt to take legal action. This can include citing the length of time the unsafe conditions existed (was it unreasonable?), the lack of attention that was paid to the issue from the beginning, the types of precautions that were or were not taken, etc.
Determining fault in an accident that involved slipping or tripping and falling will greatly hinge upon you and your trip and fall attorney's ability to show that reasonableness was not exercised and that carelessness and / or clumsiness was. This can be particularly important when comparative negligence is at play, and in the state of Missouri, it most certainly will be.