Can You File a Personal Injury Claim After a Slip and Fall in Bad Weather?

Slip and fall accidents are common during inclement weather. It is particular in cities like St. Louis, Missouri, where icy winters and wet seasons can create hazardous conditions. 

An ice storm recently hit the St. Louis area overnight, causing streets, sidewalks, and runways to glaze with ice. Despite many drivers opting to stay off the roads, numerous crashes and slowdowns were still reported. This sub-freezing temperature turned the rain into ice upon contact with the already cold surfaces. This formed a dangerous, slippery layer on all untreated areas. 

If seriously injured in a slip and fall during bad weather, seeking compensation is understandable. It is not justifiable to suffer financial burdens due to someone else’s fault. Let’s examine the legal landscape for such cases and how an experienced personal injury lawyer can help you secure compensation.

Understanding Premises Liability and Slip and Fall Injury Cases

Personal injury law mandates that owners of properties should keep their properties and areas around them safe for others. This legal concept, premises liability, mandates owners of properties take reasonable steps to prevent injuries and address weather-related hazards. If a property owner fails to clear ice, snow, or water causing injury, victims may file a personal injury lawsuit. However, conditions applied.

Let us understand how premise liability works with a much-speculated example. In 2022, a diner at Inglewood’s Hibachi Buffet slipped on a wet floor, sparking a lawsuit. Premise liability held the restaurant accountable for Perez’s slip on a wet floor, securing his compensation. The California Court of Appeal found the plaintiff’s explanation—that a worker spilled liquid while transporting dishes—reasonable and consistent with evidence. The restaurant’s failure to present a plausible alternative led to the jury awarding damages of $850,000 to the plaintiff. 

Moreover, slip and fall accidents during winter due to ice sheets are preventable if measures are taken by the premise owners. Several states, including Missouri, permit that it is the owner’s negligence if their premises are left slippery during any weather condition. And thus, they can be sued for it. 

Challenges in Weather-Related Personal Injury Cases

Weather-related personal injury claims can be complicated. Property owners might claim they took appropriate measures to minimize hazards. Alternatively, they might highlight that severe weather conditions make it impossible to prevent every slip and fall incident. An injury lawyer can be a savior in this trouble.

To get a claim after a bad weather-related injury, you must provide proof of:

1. Duty of Care: The proprietor was liable to maintain the premises’ security.

2. Breach of Duty: The owner neglected to address the hazardous condition.

3. Causation: The breach directly resulted in your injury.

4. Damages: You experienced measurable harm, such as medical bills or emotional distress.

What Kind of Compensation Can You Recover? 

In a successful personal injury case, victims can seek compensation for medical expenses. Non-economic damages, such as suffering and pain or psychological distress, and financial recovery for other injury-related costs are possible.

Picking a Suitable Personal Injury Law Firm

Globally, the success of premises liability cases often hinges on the expertise of the law firm handling them. For example, in St. Louis, finding a personal injury law firm experienced in premises liability and weather-related claims is essential for success.

Moreover, recent developments in St. Louis premises liability cases highlight the need for expert legal help. This is particularly true for complex cases involving negligence or third-party crimes. Now, in Missouri, businesses generally aren’t held liable for third-party criminal acts. Exceptions occur with proven negligence or special relationships like innkeeper-guest or school-student.

For more personalized advice, get yourself a St. Louis personal injury attorney. They can help you estimate your case. This also ensures you get maximum claim benefits for your losses and suffering.

Plenty of lawyers take cases on a contingency fee. According to TorHoerman Law, such lawyers will only charge anything if they win the case for you. Firms that offer free consultations can also help you understand your legal options without requiring a financial commitment.

Frequently Asked Questions

Can I claim for personal injuries if I fell by slipping on public property?

Yes, you can claim compensation if you slipped on public property. However, these cases frequently involve stricter deadlines and notice requirements. Talking to an experienced attorney can be of aid in navigating the complexities of filing a claim against a government entity.

How much time is given for filing a personal injury claim in a region like Missouri?

In Missouri, the time given to file personal injury claims is within five years of the injury. It is necessary to act quickly, as missing this deadline usually results in losing your right to seek compensation.

What if I had some fault in my slip and fall incident?

A comparative fault rule allows you to get compensated even if it were your fault to some extent. However, depending on your percentage of fault, your compensation will be lessened. An injury lawyer can negotiate the percentage of your fault and argue your case.

In a slip-and-fall case, how do I establish the property owner’s negligence?

To prove negligence, the property owner must demonstrate awareness of the hazard and failure to address it. Maintenance records, witness testimony, and expert analysis can all serve as evidence to back up your claim.

Remember, if you fall from slipping in bad weather, you can be recompensed for your suffering. Do not be put off by the complexities of premises liability and weather-related claims. Instead, work with a skilled personal injury law firm to get the claim you deserve.