A slip and fall accident may sound like a minor issue, and it is true that many people experience slips and falls that result in little more than minor cuts, scrapes, and bruises. However, a slip and fall also has the potential to cause life-changing injury to the victim, and it could form grounds for a civil case depending on how, where, and why it happened. A Wildwood slip and fall lawyer is an invaluable resource if you have experienced such an incident.
The state’s premises liability laws require property owners to maintain safe premises for visitors. When a property owner notices any hazard that could foreseeably injure a lawful guest or visitor, they are required to correct the issue immediately or at least take steps to reduce the chance it could injure anyone. This could be done by posting warning signs and/or providing clear verbal warnings to visitors.
Different standards of care apply to different types of property owners, and premises liability law in Missouri outlines different types of guests and visitors who are owed a duty of care by a property owner. For example, a retail store owner owes a different level of care to the customers who visit their store than a homeowner would owe to personal guests visiting their home.
Lawful guests and visitors protected by premises liability laws include licensees who have permission to visit a property for personal reasons and invitees who have permission to enter a property for the benefit of the property owner, such as business representatives, customers, or guests at a restaurant. Premises liability law only protects those who have permission to enter a property.
A premises liability case is a type of personal injury case, and success with any personal injury case requires identifying the party responsible for causing the injury, proving the full scope of the damages they caused, and then proving that those damages did not result from any other cause. It’s possible for the injured plaintiff in a slip and fall injury claim to hold a property owner accountable for any damages they suffered due to the owner’s negligence.
Note that the state upholds an open and obvious exception for premises liability claims, meaning that if the hazard that caused your injury was an open and obvious hazard that a reasonable person would have avoided, it could complicate your claim, reduce the amount of compensation you can receive from the property owner, or even negate your ability to claim recompense for your damages. The open and obvious exception is the most common defense in any premises liability claim; thus, it is important to speak with an expert premises liability attorney right away.
In any personal injury case, the right Wildwood personal injury attorney is invaluable not only for making your claim easier to handle but also for maximizing your recovery. When you choose The Cagle Law Firm to represent you, you can have a dedicated legal advocate ready to assist you with every aspect of your claim until you reach the result you hope to see.
A: In Missouri, premises liability law does not provide legal recourse to trespassers or intruders who suffer slip and fall injuries on private property. In order for a slip and fall victim to have grounds for a civil claim against a private property, they must have had the property owner’s express or implied permission to enter the property. Proving lawful presence on the property is an important initial step in most premises liability claims.
A: The amount of compensation you could claim for a slip and fall injury in Wildwood can depend on the severity of the injuries you sustained. If you have grounds to pursue a personal injury case, you can seek repayment of your economic damages, such as medical bills and lost income, and you would also have the right to seek compensation for your pain and suffering.
A: In a personal injury case, comparative fault means that more than one person or party shares fault for the damages listed in the claim. The state follows a pure comparative fault statute. Therefore, if a judge or jury decide that a plaintiff is partially liable for causing their claimed damages, they will have a percentage of fault assigned that indicates their degree of liability. They will then lose this percentage of their verdict to reflect their shared fault.
A: Some common injuries from slip and fall accidents include broken bones, traumatic brain injuries, internal organ injuries, spinal cord injuries, and facial and dental injuries. Generally, the location and height of the fall, as well as the overall medical condition of the victim prior to the fall, may dictate the severity of the injuries. It’s possible for a slip and fall incident to result in permanently disabling injuries.
A: You should hire a Wildwood slip and fall attorney because you are much more likely to succeed with any recovery efforts you try your recovery efforts when you have experienced legal counsel representing you. Your attorney can manage all your legal proceedings and court filing deadlines and build the foundation of your claim. They can also ensure that you receive fair compensation for the damages you suffered. You’re more likely to maximize your recovery with their help.
The Cagle Law Firm has successfully assisted many past clients with all sorts of personal injury cases in the Wildwood area, including slip and fall claims. If you are unsure how to prove liability for your recent slip and fall accident or do not know how to calculate your damages, we can help. Contact The Cagle Law Firm today and schedule your free consultation with a Wildwood slip and fall lawyer about your case.
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