Slip and fall accidents are one of the most common types of personal injury. According to the CDC, 20% of slip and fall accidents result in a serious personal injury. In fact, 800,000 people are hospitalized every year for this reason.

When you slip and fall in icy conditions on someone else’s property, are they liable for your injuries?

What damages can be recovered?

What exactly are property owners responsible for? Let’s jump right in.

What is Premises Liability?

All property owners and renters are obligated to maintain a reasonable standard of safety for anyone who isn’t trespassing. Premises liability is when the property owner is held responsible for an accident resulting in personal injury to an invitee or licensee. Invitees are those who have been invited to the property for business purposes, and licensees have been invited for social purposes.

Those who are in possession or control of the premises are legally required to do the following:

  • Conduct regular maintenance to upkeep safe conditions.
  • Make necessary repairs.
  • Warn visitors of any existing safety hazards, which is generally done with signs.

When it comes to winter weather related cases, this can include as listed below:

  • Salting wet or icy sidewalks, stairs, and driveways.
  • Snow removal.
  • Signs warning of icy conditions.
  • Removing icicles from roofing.
  • Secure rugs in entryways.
  • Trimming overhanging tree limbs.
  • Having power lines assessed and secured by a professional.
  • Regularly checking for leaks that can turn to ice patches, and making repairs.

Missouri law generally provides the opportunity for those injured in premises liability cases to receive compensation for lost wages, medical bills, pain and suffering, and future expenses related to the personal injury.

What if it’s Public Property?

 If a premises liability accident happens on public property, a claim can be allowed to be submitted against either the state, or municipality where the injury was obtained. However, this can be tricky business, so it’s vital to have any experienced premises liability attorney in your corner.

What Do You Need?

In order to make a successful premises liability claim, the claimant needs to be able to establish and prove a few key elements.

  • There was a safety hazard present on the property.
  • The person in possession or control of the property knew of the hazard, or reasonably should have known had they been using ordinary care.
  • The defendant failed to fix, remove, or warn the injured party of the dangerous conditions.
  • The claimant was injured as a result of the hazard.

The right personal injury attorney can prove these things in a variety of ways, such as security footage, premises accident history, medical records, maintenance records, witness testimony, and expert testimony.

Statute of Limitations

If you’ve been injured on someone else’s property due to unsafe conditions, you have a set amount of time to make a claim. In Missouri, the statute  of limitations for personal injury cases including premises liability is five years. This means you have five years from the date of the accident to pursue compensation. In Kansas, the statute of limitations for these cases is only two years.

However, the longer you wait to take legal action, the weaker your claim will be. Delaying seeking medical treatment for your injuries can be harmful to your claim as well, which is why it’s so important to get checked out as soon as possible – even if you “feel fine.” There may be underlying injuries with delayed symptoms such as traumatic brain injuries, spinal cord injuries, and abdominal injuries.

If you’ve suffered a personal injury due to another party’s actions or negligence, you deserve to be compensated for your pain, suffering, and expenses. Contact us today to schedule your initial consultation for free legal advice from an experienced Kansas City lawyer near you.