A trip or slip and fall can happen even to the most careful individuals. And when these accidents happen, the resulting injuries can be devastating. If you trip or slip and fall due to another’s negligence while you’re lawfully visiting someone else’s property, you may potentially pursue the property owner or manager for damages through a premises liability claim.
However, a premises liability claim, like any personal injury claim is a legal process. Thus, whether you will be settling the matter in or out of court, it helps to know how the law works. Here are two important statutes that you’ll need to keep in mind when pursuing a premises liability claim in Missouri.
Missouri’s pure comparative fault statute
Missouri applies what is known as pure comparative fault statute when determining fault and, thus, awarding damages. Per this statute, you may pursue damages even if it is established that you contributed up to 99 percent fault to the slip-and-fall accident that led to your injuries. Your awarded damages will be reduced based on your degree of fault. For instance, if the court awards $100,000 in damages, but establishes that you were drunk when the accident happened, and, thus, were 50 percent responsible, then you will only be able to pursue $50,000 from other responsible parties.
Missouri’s statute of limitations for a premises liability claim
If you intend to file a premises liability claim, you’ll need to act within the statute of limitations period. In Missouri, the statute of limitations period for premises liability claims is five years. It is important that you file your claim within this time period. With that said, you’ll want to seek legal guidance immediately because evidence that could prove essential to your claim could become compromised right away.
Safeguarding your interests
Slip-and-fall accidents are some of the leading causes of personal injuries. Learning more about Missouri negligence laws can help you safeguard your rights and interests while pursuing damages following a slip-and-fall accident that was not your fault or was only partially your fault.