Slip and fall lawyer in Raytown, MO

Expect the property to blame your footwear or your focus. Missouri's fault rule keeps that argument from finishing the job.

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A property that gets a fall claim rarely denies you fell. It argues about why: your shoes, your phone, a failure to watch where you were going. That argument sounds like it should end a claim on the spot. Under Missouri’s fault rule, it doesn’t.

The three defenses property owners try first

Footwear comes up constantly, as if the wrong shoes explain a wet floor or a torn mat by themselves. A phone in your hand gets blamed for distraction, whether or not you were even looking at it when you fell. And “you should have watched where you were going” gets said almost on reflex, regardless of whether the hazard was something a normal check would have caught anyway.

None of those three, by themselves, decide the case. They’re arguments about your own share of the blame, not proof that the property had no duty toward you at all.

Partial blame doesn’t end a Missouri fall claim

Pure comparative fault reaches falls just as it reaches wrecks. Blame that genuinely lands on you scales the payout down by that amount. It takes owning the entire fall yourself, not just part of it, to leave nothing on the table. A property arguing you were distracted or wearing the wrong shoes is arguing over a number, not a wall.

What a slip and fall claim still has to prove

Even with that rule working in your favor, the property side must have known the hazard existed, or stood to catch it with a reasonable check. That part of the case runs on documentation: what the hazard looked like, how long it might have sat there, and anything a manager or employee said at the time. A photo taken minutes after a fall does more work here than almost anything said later.

Where a fall claim goes from here

A fall claim runs through the same legal category as most injuries handled here. The personal injury lawyer page shakes out how different case types share the same underlying rules. The how much is my case worth guide lifts the lid on what a fall claim can actually reach beyond the first hospital visit. And the statute of limitations guide ushers you through the filing window before it runs out.

The floor’s story, footwear and all, belongs in front of a reviewing attorney, free.

Common questions

The property says my shoes or my phone caused the fall. Does that end my claim?

No, on its own it doesn't. Missouri weighs your own share of fault, if there is any, but a property still has to answer for a hazard it should have caught or fixed. Blaming your footwear doesn't erase that duty.

They say the fall was partly my own doing. Case over?

Not in the way most people expect. Missouri prices your own share of fault into the final number instead of throwing the claim out over it. Only owning the whole thing yourself would leave nothing to recover.

What actually proves the property knew about the hazard?

Nothing beats your own photo of the hazard before a mop reaches it. Employee statements, maintenance logs, and whatever cameras faced the aisle thicken the file, but the minutes-after photo does the heaviest lifting.

What deadline applies to a fall case?

The five-year injury window, identical to a wreck claim. Full detail on that clock sits in the statute of limitations guide.

Related pages

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