Slip and fall injuries and accidents are more common than you may think and can happen to anyone. While older adults are more at risk of sustaining severe injuries with lasting effects, they happen to people of all ages. Many suffer minor damage, such as bruising that heals quickly, but that is not always the case.
Lawsuits for slip and fall cases fall within a branch of civil law called premises liability; however, there must be enough evidence of negligence to recover a fair settlement. When you sustain injuries on someone’s property, the owner may be at-fault and liable for damages.
On the other hand, when your own actions cause your fall, you may not have a case. Therefore, meeting with a diligent lawyer at the Law Offices of Chris Miller is crucial to learn more about common causes of slip and falls in Columbia. Our skilled slip and fall attorneys could help you fight to protect your rights and get you the compensation you deserve.
Those responsible for the upkeep of a property are legally obligated to inspect and correct any defects and potential hazards. They must also warn visitors about the danger until the fixture is complete. Some of the common causes of the accidents include the following:
Anyone hurt on another person’s property may have the right to hold the owner accountable for their injuries when they fail to uphold their legal duty of care. A knowledgeable attorney in Columbia could inform victims of the frequent causes of slipping incidents and gather the necessary evidence to prove the fault.
The type of visitor the plaintiff was when they were hurt and the circumstances of their fall will play a crucial role in the outcome of their civil claim. The three primary visitor groups include invitees, licensees, and trespassers. Invitees enter the property for business purposes, while licensees are usually there for social or entertainment purposes.
Under Missouri premises liability legislation, the person in control of the property must keep the premises safe and warn of hazards. This legal obligation is known as a duty of care.
Land possessors in Columbia owe the highest consideration to the invitees and must keep the premises safe by repairing defects. Further, they must warn licensees of hazards when they are not apparent. While landowners have no legal duty to trespassers, they cannot purposely create a dangerous condition to cause them to slip and fall. The case must establish that the defendant failed to meet the state law requirements to prove negligence.
The civil court statute of limitations puts a time limit on when a victim can file a lawsuit against a defendant for negligence. Under the Revised Statutes of Missouri § 516.120, the victim has five years to file a civil claim for damages in premises liability cases.
When the claimant petitions the court after the statute expires, the judge will usually dismiss the case and leave them with no other options to collect compensation for their injuries. A seasoned attorney in Columbia could review common slip and falls causes and answer questions about applicable statutes.
Slip and fall accidents can happen suddenly, permanently affecting your life and future. You have the right to expect the person in charge of property upkeep to ensure the area is safe when you enter. Civil laws could entitle you to compensation when they fail to adhere to these legal obligations.
Premises liability cases are complex and must establish that the defendant was negligent to recover damages. A lawyer with a solid understanding of the common causes of slip and falls in Columbia could help you navigate the claims process. When you sustained injuries on someone else’s property and at no fault of your own, call to schedule a consultation with our legal team members at the Law Offices of Chris Miller.