Proving Negligence in Slip and Fall Accidents

• March 5, 2021
• Premises Liability, Slip & Falls

According to the CDC, over one million Americans suffer a slip, trip, and fall injury accidents and over 17,000 people die annually because of these injuries. In fact, on average, falls are one of the top three leading causes of unintentional deaths.

Slip, trips, and falls often result in serious injuries such as traumatic brain injuries, spinal cord injuries, broken hips or pelvis, shoulder and neck injuries, and more.

When your slip, trip, and fall is a result of someone else’s negligence, you should retain the services of a personal injury attorney to help you fight for your rights and obtain the compensation you deserve.

Request a Free Consultation

Proving Negligence

First, you need to know that Missouri is a comparative negligence state. That means that whatever percentage of fault you may bear for the accident, the court will reduce the damages it awards by that percent.

For example, damages awarded are $100,000. Your percentage of fault is 10%. The award will be reduced by that percentage and you will receive $90,000.

Your accident must meet all elements of negligence.

Proving negligence, simply put, means:

• Property owner owed you a duty of care.
• They breached the duty of care.
• The breach caused your accident and injuries.
• You have damages resulting from the accident.

A property owner has a duty to maintain their premises to a reasonable standard and remedy any dangers in a timely manner. To prove negligence on the part of a property owner, one must show the:

• Property owner should have known of the dangerous or hazardous conditions.
• Owner knew of the condition but did not fix it.
• Owner caused the dangerous condition.

Keep in mind, this is a general overview of negligence. Your personal injury lawyer will help guide you through the process. He or she can help determine if negligence was involved and how to move forward with your claim.

If you have been seriously injured in a slip, trip, and fall accident, call us at (877) 284-6600.

Proving Your Claim

Common evidence to help prove your claim can include:

• Medical records, diagnostic imaging, medical documentation
• Medical bills for treatment
• Testimony from medical experts
• Expenses for necessary home modifications to accommodate your injury
• Accident reports
• Witness statements
• Security camera footage
• Photographs of the hazardous condition and your injuries
• Paystubs and other evidence of lost income

WHY HIRE NASH & FRANCISKATO?

Injuries from a slip, trip, and fall can affect one’s mobility and ability to live independently, taking months for the injuries to heal. It is one of the leading causes of injury and death in the elderly.

Having an attorney who is your advocate can offer you peace of mind during your recovery. We have a successful track record of helping accident victims collect the compensation they deserve. Call the Kansas City-based law firm of Nash & Franciskato at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.

SCHEDULE YOUR FREE CASE EVALUATION

RESOURCES FOR YOU

If you would like to receive news and blog updates on a regular basis, sign up to receive our email newsletter. Your email address will only be used to send you our newsletter and respond to inquiries.

• Find related blog articles: Slip and Falls and Premises Liability
• Facts about Falls, Centers for Disease Control and Prevention

SIGN UP FOR NEWSLETTER

Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Editor’s Note: This slip and fall post was originally published March 5, 2021. It was reviewed on August 23, 2023 and updated for content and accuracy.