Blog Layout

Do I Have Grounds for a Premises Liability Claim?

Do I Have a Slip, Trip, or Fall Claim?  

Nearly 8 million people visit emergency rooms each year due to slip, trip, and fall injuries. If you were injured on someone else’s property—whether it was a hotel, shopping mall, business, or other public area—you may be entitled to compensation for lost income, medical bills, pain and suffering, and other damages. The Missouri personal injury attorneys at Gump & Faiella can evaluate your case for free to determine if you have grounds for a premises liability claim. Slip, trip and fall injuries are very common. To get full compensation for your injury you will likley need the help of an attorney.

For your claim to be successful, there are important steps you must take over the days, weeks, and months that follow your accident. Our injury lawyers can help you navigate the claims process from start to finish and avoid costly mistakes like accepting a low settlement, foregoing the medical evaluation, or making a recorded statement. Schedule a free consultation today by calling 800-264-3455.

Property Owners and Occupants Owe a Duty of Care to Visitors and Guests

Property owners and occupants owe invitees a duty of care, which means that those who control or are in possession of a premises must keep the property in reasonably safe condition by:

  • Warning visitors and guests of known dangers that they would not have otherwise discovered or would not have taken steps to protect themselves against; or
  • Using reasonable care to detect and repair hazards on the property.

  Thus, for your premises liability claim to be successful, it must be shown that:

  • There was a dangerous condition on the premises;
  • The party in control or possession of the premises should have known or knew about the hazard;
  • That party failed to use ordinary care to warn invitees of the hazard or to remedy or remove the hazard; and
  • You were injured as a result.

Common examples of “dangerous conditions” in premises liability cases include:

  • Uneven flooring;
  • Stairways that do not have proper lighting or handrails;
  • Cracked sidewalks;
  • Slippery floors;
  • Pulls or tears in carpet;
  • Improperly cleared snow or ice;
  • Debris or objects in walkways; and
  • Exposed wires on the floor.

While the above hazards are fairly clear, some dangerous conditions are less obvious. For example, a party in control or possession of a property may be liable for the criminal actions of third parties. In such cases, it is usually necessary to show that the location had a history of violent incidents and therefore the violent act that caused your injuries was foreseeable.

What Evidence Will My Injury Attorney Use to Prove Negligence?

The answer to this question depends on the specific cause of your accident. The personal injury lawyers at Gump & Faiella will conduct a thorough investigation that may involve:

  • Searching for similar incidents involving the same property in the past;
  • Evaluating surveillance footage of your accident;
  • Speaking with witnesses; and
  • Reviewing the building codes to identify violations that contributed to your injury.

Contact a Missouri Personal Injury Attorney Today to Discuss Your Case!

If you were injured in a trip or slip and fall accident, contact Gump & Faiella to determine the most strategic way to proceed. We help clients in Moberly, Columbia, and throughout Missouri. Call 800-264-3455 to arrange a free initial consultation.

Share this post to social media...

Share by: