Most of us have slipped or tripped at some point. Usually, we laugh, brush ourselves off and move on. But sometimes, a slip becomes a fall that results in serious injury. If that sounds like something that happened to you, we understand that you may have a lot of questions. 

Read on as a St. Louis premises liability attorney answers your top 10 questions and outlines the legal steps ahead. 

1. What is premises liability? 

Premises liability is a legal principle that holds property owners or occupiers liable for injuries that occur on their property due to dangerous conditions. The most common type of premises liability claim is a slip and fall. Other common case types include: 

• Dog bites
• Swimming pool accidents
• Falling objects
• Chemical exposure
• Electrical hazards
  

2. What do I do after a slip and fall accident?

After a slip and fall accident, the most important thing you should do is seek medical attention. You may feel fine at first, but a medical professional may spot, document and treat hidden or delayed injuries. 

If possible, we recommend also taking the following steps: 

• Document the scene. Take photos of the location, the hazard and your injuries.
• Collect witness info. Gather full names, phone numbers, emails, addresses and statements from potential witnesses.
• Report the incident. Notify the property owner, manager or supervisor of the accident. Once documented, request a copy of the official incident report.
• Contact an attorney. Hire a St. Louis premises liability attorney to handle all legal proceedings.
  

3. How long after a slip and fall can you make a claim or file a lawsuit?

After a slip and fall, you can file a lawsuit for a limited period of time — but the exact number depends on state law. 

Roman & Boock practices in Missouri and Illinois. Missouri allows you to file a lawsuit up to five years after the date of the accident. Illinois allows you to file a lawsuit up to two years after the date of the accident. 

These time periods may be shorter if you fall on property owned by a municipality or other local government. In fact, in Missouri, the time period may be as short as 90 days, making it critically important to contact an attorney quickly. 

If you live in another state, we urge you to check your local laws for the statute of limitations. 

4. How do attorneys prove negligence in a slip and fall case​?

To prove negligence in a slip and fall case, an attorney must demonstrate four key elements: 

1. Duty of Care. The property owner or occupier had a legal obligation to keep the premises reasonably safe. 
2. Breach of Duty. The owner knew or should have known about the dangerous conditions but failed to fix, clean up or warn the plaintiff about it. 
3. Causation. The dangerous condition directly caused the plaintiff to suffer a slip and fall and become injured.
4. Damages. The plaintiff suffered measurable losses, such as medical bills, lost income and pain and suffering.

5. How long do settlements for slip and fall cases take? 

Slip and fall settlements can take months or years to finalize. The timeline relies on:

• Medical treatment. Your health must stabilize as much as possible before a case can settle. This ensures the settlement accounts for current and future medical costs.
• Liability disputes. Liability can be contested or shared under comparative negligence laws. This makes investigations and negotiations take longer. 
• Evidence collection. Collecting videos, photos, witness statements, medical records and other applicable evidence may take some time.
• Negotiations. The back-and-forth exchange between insurance companies and a St. Louis premises liability attorney may extend the legal process.
  

6. Are slip and fall cases hard to win?

Slip and fall cases can be hard to win because they require strong evidence that isn’t always readily available. 

You must show that the property owner was informed of the hazard before the slip and fall occurred and did not resolve it or reasonably should have known of the hazard and did not resolve it. Evidence of prior notice could include written complaints, employee reports or surveillance videos. 

Slip and fall cases also suffer from fading evidence. Water gets cleaned up. Ice melts. CCTV footage is erased automatically. To succeed, file your case promptly and with professional counsel.

7. How much is a slip and fall case worth​?

The value of a slip and fall case depends on the circumstances surrounding it. Generally, insurance adjusters calculate a dollar amount by using the following factors:

1. Economic damages. These are objective financial losses resulting from an injury, including medical expenses, lost wages and property damage. 
2. Non-Economic damages. These are intangible losses resulting from an injury, such as pain and suffering, emotional distress and loss of enjoyment of life. 
3. Deductions. If your state follows a comparative negligence system, you may lose a portion of your total compensation. For example, imagine your total damages were $100,000, but you were 10% at fault. Your total payout would be subsequently reduced by $10,000.
4. Liability Policy Limits. Though states may not have legal limits to compensation, insurance policies may outline a maximum payout.

8. Why should I get a lawyer if I have been injured due to someone else’s dangerous condition?

A slip and fall case may seem simple — but determining who is responsible and proving it can be complicated. A property owner may argue that they weren’t aware of the condition, that it wasn’t dangerous or that you were responsible for your own injuries. 

While you recover, we will:

• Investigate what happened.
• Gather evidence.
• Identify all liable parties.
• Negotiate with insurance companies. 
• Fight for maximum compensation. 

9. What should I consider when choosing a premises liability lawyer​?

When choosing a premises liability lawyer, you should consider that not every attorney is ready or willing to go to court. Many, unlike Roman & Boock, LLC, have never actually tried a case before a jury. As a result, other attorneys may encourage you to settle rather than fight for more compensation. 

Check whether your attorney has courtroom experience and, in particular, trial experience, before you hire them.

10. How can I contact a St. Louis premises liability attorney? 

Every slip and fall case with Roman & Boock starts with a free, no-obligation consultation. Whenever you’re ready, contact a St. Louis premises liability attorney online or call 314.754.1500.