Slip and fall accidents send approximately one million Americans to the hospital every year. Regardless of their cause, these incidents can cause victims to suffer severe injuries.
At Holland Injury Law, we have dedicated our personal injury practice to helping people injured by the thoughtless actions of others. This includes property owners who allow or invite you onto their premises but do not take adequate steps to safeguard you from injury.
A lawsuit brought with the help of an experienced slip and fall lawyer in St. Louis can help you and your family recover the financial compensation you need to be made whole. Let our law firm help you.
A slip and fall accident occurs when you hurt yourself because some object or hazard on a walking surface causes you to lose your footing and fall to the ground. Anyone who has slipped on an icy walkway has experienced a slip and fall. However, these incidents can be serious and injure more than just your pride.
Older adults are at a heightened risk of hip, back, and head injuries. Other common injuries that can accompany a slip and fall include broken bones, bruises, and soft tissue sprains and strains.
Property owners who invite members of the public onto their premises have a legal obligation to keep those premises reasonably safe. When they fail to meet that obligation and you are hurt as a result, you may be entitled to financial compensation for your medical expenses, lost wages, pain and suffering, and more. The first step is speaking with a slip and fall attorney who can evaluate what happened and help you understand your options.
Slip and fall accidents are a type of premises liability lawsuit. These cases allege that a property owner negligently failed to warn you of dangerous or hazardous conditions on their property or failed to clean it up adequately. As a result of negligent actions, you slipped and hurt yourself.
These accidents happen across a wide range of locations throughout the St. Louis area and in Illinois, including:
In a premises liability case, a suit can be brought against the property owner for failing to take reasonable steps to address the hazard. If another person created the hazard through extreme indifference or intentional conduct, you can seek financial compensation from them as well.
Examples of conditions that can cause a slip and fall accident include:
What is important to understand about most of these hazards is that they are preventable. A wet floor can be mopped and marked. Ice can be salted or cleared. A broken stair can be repaired or cordoned off. Uneven pavement can be patched. When a property owner or manager knows about a hazard, or should have known about it through routine inspection, and still fails to act, that failure is the foundation of a negligence claim. The hazard did not have to exist at all. The injury did not have to happen. That preventability is central to why these cases matter.
Under Missouri and Illinois law, property owners owe a duty of care to people who are lawfully on their premises. For businesses and commercial properties, that duty is especially significant. Customers, tenants, and invited guests are entitled to reasonably safe conditions, and property owners are expected to take active steps to provide them.
That duty includes more than simply fixing known problems. It extends to regularly inspecting the property for hazards that may not yet have been reported, repairing dangerous conditions within a reasonable time, and warning visitors when a hazard cannot be immediately corrected. A failure at any one of these points can constitute negligence.
Common ways property owners breach their duty of care include:
When a property owner’s failure to meet this duty results in your injury, you have the right to pursue compensation through a premises liability claim.
Responsibility for a slip and fall does not always rest with a single party. Depending on the circumstances of your accident, liability may extend to one or more of the following:
After a slip and fall accident, the property owner’s insurance company will typically become involved quickly. It is important to understand that the insurance adjuster’s job is to protect the insurer’s financial interests, not yours. There are several tactics commonly used to reduce or deny slip and fall claims.
“You should have seen the hazard.” Insurance adjusters and defense attorneys frequently argue that the dangerous condition was open and obvious, meaning you should have noticed it and avoided it. In Missouri, this argument does not automatically defeat your claim. Missouri courts have recognized that even when a hazard is visible, the property owner can still bear responsibility if they created the condition or failed to warn customers. The jury weighs the conduct of both parties.
Comparative fault arguments. Because Missouri follows a pure comparative fault system, insurers are highly motivated to assign as much fault as possible to you. They may argue you were distracted, wearing inappropriate footwear, or simply not paying attention. Every percentage point of fault they assign to you reduces their financial exposure. Having an attorney who understands how to counter these arguments and document your reasonable conduct is essential.
Delayed medical treatment. If any time passed between your fall and your first medical visit, the insurance company may argue that your injuries were not caused by the accident or were not serious enough to require immediate care. Gaps in treatment can be used to undermine your claim. This is one reason why seeking prompt medical attention after a fall is so important.
Surveillance and recorded statements. Property owners and their insurers may review surveillance footage, monitor social media activity, and request recorded statements from you shortly after the accident. Statements made without legal counsel can be taken out of context and used to limit your recovery. You are not required to provide a recorded statement to the opposing party’s insurer, and you should consult with an attorney before doing so.
Slip and fall lawsuits are triggered when an injury occurs on someone else’s property, especially a property meant for use as a public space. The severity of slip and fall accidents can range significantly from just scrapes and bruises to broken bones and concussions. It is difficult to say exactly what injuries could result from a slip and fall, mainly because it depends on various factors. For example, were there toxic chemicals in the area? Did they fail to put up appropriate signage for uneven surfaces? Were there hazardous tools around the area? All of these may contribute to the type of injury victims will face.
“Soft tissue” means injuries to muscles, tendons, ligaments, or other soft tissues like skin. These injuries could be visible, like scratches and bruises, but they could also not be physically apparent. Injuries to tendons or a sprain may not initially be noticed, but will often lead to a long recovery. In addition, soft tissue injuries may be sneaky. What initially may not seem like a big deal may heal incorrectly and cause mobility issues. Usually, doctors’ appointments and physical therapy are needed for a soft tissue injury.
Some would argue that some of the most common types of slip and fall injuries are broken bones and fractures. Think about it, it is the main reaction of many to try to catch yourself using your arms. This can result in extreme pain, loss of mobility, and medical bills. If the ground is uneven or not properly lit, falls can be common. If you are an older adult these types of injuries can be even harder to heal, may need surgery, and require rehabilitation.
Head injuries are very common when slip and fall accidents occur. When someone falls uncontrollably, they may not be able to catch themselves with their hands. This can lead to several extremely serious fall injuries like concussions or traumatic brain injuries.
The long-term consequences of a brain injury are also pretty severe, depending on how hard the fall was. Even if it seems minor at first, you should always get checked by a doctor after a head injury. Those who fall and suffer a hit to the head may have symptoms such as memory loss, dizziness, and difficulty concentrating. A traumatic brain injury can affect your ability to work, maintain relationships, and perform basic daily tasks for months or years after the accident.
A slip and fall accident can be hard on the back and spine. The spine is a very intricate set of bones and nerve endings. When it’s affected by a fall, it can be very difficult to heal correctly. The spine serves as a pathway in your body, so damage to the spine can be destructive in many ways. It could affect your neurological state or even affect your motor skills. Damage to the spine could also lead to herniated discs. In the most severe of cases, spinal cord or back injuries can result in partial or full paralysis.
When you think about the nature of slip and fall accidents, any part of the body could be at risk. A slip and fall is an uncontrolled movement, causing the body to do anything it can to land safely. You may try to brace yourself with your arms or slip backward and hit your head. The fact of the matter is that you should have never been put in that position in the first place. There was a reason that you fell, and it may have been the fault of the premises, not your actions.
Someone who allows a dangerous condition to remain on their property can be ordered to pay you injury compensation if you slip, fall, and injure yourself.
The money you receive from either a jury verdict or settlement, known as “damages,” can help you meet the financial costs and emotional toll your slip and fall injury causes.
Your St. Louis slip and fall lawyer will help you calculate and pursue economic damages, which will repay you for out-of-pocket costs and losses like medical bills, lost wages, and prescription medications. If your injuries require physical therapy or ongoing care, your award can also cover these anticipated costs.
Beyond physical injuries, any emotional harm you suffer, such as anxiety or trauma, can also be compensated. Financial compensation for damages related to pain and suffering are called non-economic damages and are meant to address how your accident has affected your quality of life. Missouri does not cap non-economic damages in premises liability cases, which means the full impact of your injury on your daily life, your relationships, and your future can be accounted for in your claim.
Damages can range from hundreds of dollars for minor injuries to hundreds of thousands of dollars for traumatic brain injuries and permanently disabling injuries. The categories of compensation that may be available to you include:
Insurance companies often make early settlement offers that do not account for the full extent of your injuries or long-term costs. Accepting an early offer can permanently waive your right to pursue additional compensation, even if your condition worsens. Our attorneys will work to ensure that every category of loss is identified and documented before any settlement is considered.
As the injured party in a slip and fall case, you and your premises liability lawyer in St. Louis are responsible for proving that negligence led to your fall. To meet this legal burden, you must present evidence showing that your accident was more likely than not caused by the property owner’s carelessness.
In both Missouri and Illinois, a successful premises liability claim requires establishing four core elements:
Proving these elements requires careful evidence gathering and legal strategy. Our attorneys begin building this foundation from the very first day we take your case.
Once a slip and fall accident happens, it is important to seek medical attention for your injuries. If you hit your head, lose consciousness, or experience pain in your back, arms, or legs, summon emergency medical aid or get to an emergency department as quickly as possible. Nearby hospitals like the Barnes-Jewish Hospital or Mercy Hospital are good options for immediate medical care.
Next, report the incident by making the staff or manager aware. Do not sign any document or release from the property owner after an accident. Some negligent property owners may try to limit their liability and your financial recovery by settling your case with you on the spot. Have a skilled personal injury attorney in St. Louis review any proposed settlement or other document before you sign to protect your rights.
Also, be wary about giving statements to the property owner or their insurer without trustworthy legal counsel. Any recitation of events you give can be scrutinized and used to limit the amount of compensation you can receive.
A St. Louis premises liability attorney can help ensure that any statement you give is factual without jeopardizing your ability to pursue compensation. After you seek medical attention, that is the time to contact our St. Louis law office. This way, the law firm can guide you from the beginning and can help you avoid making mistakes in your case.
Additional steps that can protect your claim include:
Many people hesitate to pursue a slip and fall claim because they are unsure whether their situation qualifies. You may still have a valid case even if:
Any St. Louis personal injury lawyer will tell you that documenting is essential to a successful slip and fall lawsuit. As the plaintiff in your case, you will have the burden of proof. This means it is up to you to present evidence that the accident happened and that it was the establishment’s fault. Our law firm takes on that responsibility alongside you.
A personal injury lawyer in St. Louis from Holland Injury Law will fully investigate your case, searching for compelling evidence and witnesses who can support your claim. Our approach to building slip and fall cases includes:
Video surveillance footage, cell phone camera recordings, and still photographs can all be powerful evidence in a slip and fall case. The value to your claim is increased if they capture the employees ignoring a slip and fall hazard, you tripping and falling on the hazard, a lack of warning signs alerting others to the danger, or the response to your accident.
Other evidence may also be available, such as emails about the incident or hazard, records kept, and prior incidents involving the property or its owner.
Missouri is a pure comparative fault state. If you are found partly to blame for the fall, your percentage share of the total negligence simply reduces your personal injury damages by that amount. Only if you are completely, 100 percent responsible for your injuries are you prohibited from recovering damages. This system protects injured people from being denied all compensation simply because they were not perfectly careful.
Illinois follows a modified comparative negligence rule. If you are found to be 50 percent or more at fault for the accident, you cannot recover compensation. If you are found to be less than 50 percent at fault, your compensation will be reduced by your percentage of fault. In both states, insurance companies are highly motivated to shift as much fault as possible onto you in order to reduce what they pay. An experienced attorney will work to counter those arguments and protect your recovery.
Missouri law states that you must file your St. Louis premises liability lawsuit with the court no more than five years after the date the accident occurred. Although there are some exceptions to this general rule, they do not apply in all cases. The risk of having your claim denied because you took too long to file it is real, so make it a point to file your case as soon as possible after your accident.
For accidents that occur in Illinois, the statute of limitations for slip and fall claims is generally two years from the date of the injury. Missing this deadline typically means losing your right to pursue compensation entirely, regardless of how strong your case may be. Evidence also disappears quickly: surveillance footage is overwritten, witnesses forget details, and maintenance records may be discarded. The sooner you act, the stronger your case will be.
Missouri premises liability law requires an injured person to prove that the property owner knew or should have known about the dangerous condition that caused the injury. This requirement comes from decades of Missouri case law establishing that property owners owe a duty to maintain reasonably safe conditions for people lawfully on their property.
In Illinois, the Illinois Premises Liability Act governs these claims. The Act requires property owners and occupiers to exercise reasonable care toward all visitors based on the circumstances, including the condition of the premises and any actions or omissions on the premises. Illinois law also recognizes that commercial landlords may have broader responsibilities than residential owners, and that public entities may have statutory immunities that limit certain claims. If your fall occurred on government-owned property in Illinois, additional notice requirements and shorter deadlines may apply.
Another variable in any slip and fall accident lawsuit is how long it will take for your case to resolve, either by settlement or trial. This depends on factors like:
Commercial retailers who have property insurance will typically try to settle claims within a few weeks of the accident, especially if the party at fault is clear.
If there is a question about liability or your injuries are complex and difficult to assign a monetary value to, your case could take several months to resolve. In cases where a settlement cannot be reached, a year or more could pass before your case is ready for trial.
A slip and fall accident can change your life in a moment. You will need more than just medical care to get through this. After someone slips and falls at an establishment, they may feel embarrassed and even think it was their fault. A fall attorney can help you understand that property owners must meet a duty of care for their area, so your slip and fall was not due to an act of “clumsiness” but rather a legal issue for which compensation is available.
How will a slip and fall attorney help? Firstly, it is essential to know that hiring an experienced personal injury attorney is usually the right path. If you suffer only minor scrapes, it is possible that you will not need one. But what if a month goes by, and your shoulder starts to bother you from the accident? Sometimes, you do not know the full damages until they appear later. This is why it is never a bad idea to get medically checked out right away and schedule a consultation with an attorney just to see if there is a potential case. The fall attorneys at Holland Injury Law will be honest with you on whether it is worth it to proceed and whether or not it is likely that you are eligible to recover compensation. We strongly encourage you to speak to a law firm right away.
Once the first act of deciding to pursue the lawsuit or not is over, there are several things fall accident attorneys will help you with during your premises liability claim.
Our attorneys are prepared to take your case to trial if a fair settlement cannot be reached. We have local experience handling premises liability claims in St. Louis and throughout Missouri and Illinois, and we approach every case with the preparation and commitment that serious injuries demand.
There is no universal answer. Settlement values vary based on the severity of your injuries, the strength of the liability evidence, the at-fault party’s insurance coverage, and how clearly your losses are documented. Minor injuries with quick recoveries typically result in smaller settlements, while cases involving surgery, permanent disability, or long-term care can reach six or seven figures. Your attorney will help you identify and document every category of loss that applies to your situation before any settlement is discussed.
Yes. If you were injured in a grocery store, retail shop, restaurant, or other commercial property due to a hazardous condition the business knew about or should have known about, you may have a valid premises liability claim against the business and potentially the property owner. Businesses that invite customers onto their premises have a legal duty to maintain reasonably safe conditions for those customers.
The absence of a warning sign is significant evidence in your favor. Property owners are required to alert visitors to hazards that cannot be immediately corrected. If a wet floor, uneven surface, or other dangerous condition existed without any warning sign or barrier, that failure is directly relevant to establishing the owner’s negligence.
In Missouri, yes. Missouri’s pure comparative fault system allows you to recover damages even if you were partially responsible for the accident. Your total damages are reduced by your percentage of fault, but you are not barred from recovery unless you were 100 percent at fault. In Illinois, you may recover as long as you are found to be less than 50 percent responsible. In both states, insurance companies will often attempt to assign as much fault to you as possible, which is one of the most important reasons to have an attorney representing your interests.
In Missouri, you generally have five years from the date of the accident to file a premises liability lawsuit. In Illinois, the deadline is two years from the date of injury. These deadlines are firm. Missing them typically means losing your right to pursue compensation entirely. However, waiting also weakens your case, because evidence disappears and witnesses’ memories fade. We recommend contacting an attorney as soon as possible after your accident.
Strong evidence in a slip and fall case includes surveillance or video footage showing the hazard and your fall, photographs of the dangerous condition and your injuries, maintenance logs or inspection records that show the hazard was known or should have been discovered, incident reports filed at the time of the accident, witness statements from people who saw the fall or the hazard, and medical records that document your injuries and connect them to the accident. Preserving your footwear and clothing from the day of the fall can also be relevant in some cases.
If you have been hurt in a slip and fall accident, speak with a slip and fall lawyer at Holland Injury Law today during a free consultation. Our law firm has helped many in your situation and you can review our case results to see outcomes we have secured for injured clients.
Your attorney will guide you through the recovery process, from the initial filing to the final settlement or verdict. If necessary, our St. Louis slip and fall lawyers can take your case before a judge or jury and seek compensation for you at trial. There are no upfront fees and no costs to you unless we recover compensation on your behalf. Contact us today to start your case.
LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?
