Byron Carlson Petri & Kalb, LLC | attorneys at law

2 reasons why your slip-and-fall claim can be denied

On Behalf of | Dec 23, 2022 | Premises Liability

Chances are you have tripped, slipped and fallen at some point in life. While most slips and falls never result in a trip to the ER, a few do. If the circumstances that led to your trip, slip and fall are attributable to someone else’s negligence (like failure to fix loose guardrails, light up dim areas or take care of loose cables), then you might be eligible for financial restitution for your injuries and other damages.

However, it is not uncommon for a premises liability claim to be denied both by the defendant’s insurance provider and the court. If this happens to you, it is important that you understand what went wrong and, if possible, explore your appeal options. Here are two common reasons why premises liability claims end up in denial.

If you cannot link your injuries to the slip-and-fall accident

This is a deal breaker. A premises liability claim is limited to the injuries and damages you sustained following the slip-and-fall accident. It cannot be used to address pre-existing conditions or any other damage that is not related to the incident.

If you cannot provide clear medical or employment records that directly link your injuries or loss of income to the slip-and-fall incident, then your claim will be denied. This underpins the importance of seeking treatment as soon as you possibly can following a slip-and-fall accident. With a doctor’s report that directly ties your injury to the accident, you will be in a better position to litigate and receive a favorable outcome for your case.

If you fail to file your claim in time

However genuine your injuries are following the slip-and-fall accident, you cannot file your claim at the time of your convenience. Rather, you must file your claim within the statute of limitations period. In Missouri, you have up to five years from the date of the slip-and-fall accident to file your personal injury claim. Do not let this timeframe lapse.

A slip-and-fall accident can happen to anyone. Find out how you can safeguard your rights and interests while pursuing a premises liability claim that is attributable to someone else’s unlawful actions.