Whether they own private residences, public property, or office buildings, property owners are legally obligated to protect visitors from getting injured on their premises. That includes preventing wet floor accident injuries. Many things can cause hazardous conditions, including spills, rain, or floor mopping.
While most falls cause nothing more than minor bumps and bruises, these incidents sometimes put you at risk of life-threatening injuries with long-term consequences. Therefore, the person responsible must pay for your damages. Call an experienced premises liability lawyer at the Law Offices of Chris Miller to discuss your legal options following a wet floor accident in Columbia.
Why the plaintiff was on the property at the time of the accident will help the court determine the defendant’s extent of liability for the damages. For example, a property owner owes guests a legal duty of care at varying degrees, and the three primary visitor groups include:
Property owners in Columbia must inspect their land and fix defects promptly to protect invitees from suffering physical injury. Additionally, they must warn licensees of the hazard until they eliminate the danger. However, on the other hand, those in charge of a property do not owe trespassers a duty of care to protect them if they enter the land or building without permission. Therefore, establishing a visitor’s status is crucial in a wet floor incident claim.
Wet and slippery floors are inherently dangerous conditions, and the severity of injuries will depend on various circumstances. Some factors include how the individual lands, age, and weight and whether they bump into other items during the fall.
People commonly break bones—including their hands, arms, and hips—when falling on a wet floor. Broken bones are likely when someone tries to catch themselves or break the fall with their hands. Further, older individuals are particularly at risk for severe hip injuries.
When someone falls and hits their head on the floor or surrounding objects, they can sustain severe skull or brain damage. Even without penetration, they can suffer closed traumatic brain injuries.
Slipping on a wet floor can cause people to land on their backs and injure their spinal cord. The damage can lead to painful injuries, including pinched nerves, slipped discs, or paralysis.
Injuries sustained in a wet floor accident can cause long-term and sometimes permanent disabilities for victims in Columbia. They are often painful and can limit the individual’s mobility until they recover significantly. Falls usually cause people to twist their bodies in awkward positions and can lead to moderate or severe back and neck injuries.
In some cases, the defendant may argue that the plaintiff shares responsibility for the wet floor incident in an effort to reduce the amount they have to pay the victim. Under the Revised Statutes of Missouri § 537.765, state tort laws follow a pure comparative fault rule, meaning that if the plaintiff shares fault for the accident, the court does not bar them from recovering compensation.
Instead, when the court determines the claimant is partially liable for the accident, they will reduce their settlement amount by their percentage of fault. Even when the court finds that the plaintiff bears more responsibility for the incident than the defendant, they can still collect compensation.
For example, if the jury finds the plaintiff is 60 percent responsible, they can collect payment for 40 percent of the total cost of damages and losses. A seasoned lawyer in Columbia could help calculate the potential settlement under the pure comparative fault rule after a wet floor accident and work to get the plaintiff the restitution they deserve.
Wet floor accidents are usually avoidable. However, they often cause severe physical and financial harm when they do occur. While the inherent hazards of slippery flooring seem obvious, accidents are common. Sadly, they happen after careless property owners neglect their legal obligation to prevent the incidents from occurring.
You could collect compensation if you slipped on someone else’s property. Meet with a hardworking lawyer seasoned in wet floor accidents in Columbia for help with a case. Call us at the Law Offices of Chris Miller to schedule your consultation.