Slip and Fall Accidents in Missouri & Illinois:
- A & L, Licker Law Firm, LLC
- 21 hours ago
- 7 min read
Updated: 3 hours ago
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This page has been researched, written, and reviewed in accordance with our editorial guidelines to ensure accuracy and relevance. This page has been reviewed and approved by Founding Partner, Tobias Licker. The last updated date reflects the most recent review of this content.
What You Need To Know To Protect Your Rights
You didn't expect it. One moment you were walking through a grocery store, navigating a parking lot, or visiting a neighbor's home. The next, you were on the ground, in pain, and unsure of what to do next. Slip and fall accidents happen in an instant, but their consequences can last months or even years.
If you were injured in a slip and fall accident in Missouri or Illinois, you may have legal rights that entitle you to compensation . This guide explains how the law works, what you need to prove, and what steps to take to protect your claim.
8.8M+
ER visits for falls in 2023 (U.S.)
22%
Of all personal injury claims are slip & fall
$101B
Projected cost of fall injuries by 2030
1 in 4
Older adults fall each year
Sources: National Safety Council Injury Facts 2024; CDC Foundation; Grow Law 2026; Rosenfeld Injury Lawyers 2024
How Common Are Slip and Fall Accidents?
Slip and fall injuries are far more widespread than most people realize. According to the National Safety Council's Injury Facts, falls account for 21 percent of preventable injury-related deaths in the United States—the same percentage as motor vehicle accidents. Falls are also the leading cause of non-fatal preventable injuries, making up to 33 percent of all such case. [1]
In 2023 alone, more than 8.8 million people were treated in emergency rooms across the country for fall-related injuries. [2] Among older adults aged 65 and over, the CDC Foundation reports that more than 1 in 4 experience a fall each year, resulting in approximately 3 million emergency department visits, 1 million hospitalizations, and 32,000 deaths annually. [3]
Slip and fall cases make up approximately 22 percent of all personal injury claims filed in the United States. [4] For residents of Missouri and Illinois, northern climate conditions — including icy sidewalks and wet winter surfaces — make the risk even greater during the colder months. [5]
What Is Premises Liability?
Slip and fall cases fall under an area of law called premises liability. When a property owner — whether a business, landlord, or private homeowner fails to maintain safe conditions on their property, and someone is injured as a result, the property owner may be legally responsible for those injuries.
In Missouri and Illinois, property owners have a legal duty to:
Regularly inspect their property for hazardous conditions
Fix known dangers within a reasonable amount of time
Warn visitors of hazards they cannot immediately fix
Take reasonable steps to prevent foreseeable accidents
Common causes of slip and fall accidents on another person's property include:
Wet or recently mopped floors without warning signs
Uneven pavement, cracked sidewalks, or broken stairs
Ice or snow that has not been cleared from walkways
Poor lighting in stairwells, parking lots, or hallways
Loose or missing handrails
Floor mats or rugs that are bunched up or unsecured
Potholes or uneven surfaces in parking lots
Missouri Law: Pure Comparative Fault
Missouri follows what is known as pure comparative fault system, established under Missouri Revised Statute §537.765 and adopted by the Missouri Supreme Court in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). [6]
Under this rule, your ability to recover compensation is not eliminated even if you were partially at fault for the accident. Instead, your compensation is reduced in proportion to your percentage of fault.
Missouri Example: How Pure Comparative Fault Works A jury determines you suffered $100,000 in damages from a slip and fall at a grocery store. However, they also find you were 20% at fault for not watching where you were walking. Under Missouri's pure comparative fault rule (RSMo §537.765), you would still recover $80,000. Even if you were found 90% at fault, you would recover $10,000. Only if you are 100% responsible are you barred from any recovery. [6][7] |
This is significant because insurance companies and defense attorneys will almost always argue that you contributed to your own fall. They may claim you were distracted by your phone, wearing inappropriate shoes, or failed to notice an "open and obvious" hazard. Under Missouri's pure comparative fault system, these arguments reduce your recovery, they do not eliminate it. [7]
Missouri courts have also been clear that even when a hazard is somewhat visible. property owners can still share responsibility if they created the condition or failed to warn customers. See Richardson v QuikTrip Corp., 81 S.W.3d 54 (Mo. App W.D. 2002). [6]
The statute of limitations for filing a slip and fall lawsuit in Missouri is generally five years from the date of injury under RSMo §516.120. However, if your fall occurred on government property — such as a public sidewalk, city park, or county building — you may have as little as 90 days to file a written notice of claim. [8]
Illinois Law: Modified Comparative Negligence
Illinois takes a different approach. Under Illinoi's modified comparative negligence rule (735 I11. Comp. Stat §5/2-1116), your compensation is reduced by your percentage of fault, but only if you are 50 percent or less at fault. If you are found to be more than 50 percent responsible for your fall, you are barred from recovering any damages. [9]
Illinois Example: How Modified Comparative Negligence Works You slip and fall at a restaurant and suffer $80,000 in damage. A jury finds you were 40% at fault for not watching where you were walking. Under Illinois law, your recovery is reduced by 40%, and you receive $48,000. However, if the jury found you were 51% or more at fault, you would recover nothing under 735 I11. Comp. Stat. § 5/2-1116. [9] |
This distinction between Missouri and Illinois law matters enormously depending on where your accident occurred. An experienced attorney who practices in both states — like the team at A & L, Licker Law Firm — can advise you on which state's laws apply and how they affect the value of your claim.
What You Need to Prove in a Slip and Fall Case
To successfully bring a premises liability claim, you generally must establish four elements:
The Property Owner Had a Duty of Care
The property owner owed you a legal duty to maintain safe premises. This duty exists for invited guests, customers, tenants, and in many cases, even uninvited visitors depending on the circumstances.
The Property Owner Breached That Duty
The owner knew — or reasonably should have known about the dangerous condition and failed to fix it, remove it, or warn you about it. Missouri courts have recognized that property owners may also be responsible for hazards they would have discovered through reasonable inspection of their property. [10]
The Breach Caused Your Injury
There must be a direct connection between property owner's negligence and the injuries you suffered. A pre-existing condition that was worsened by the fall may still qualify.
You Suffered Actual Damages
You must have suffered real, measurable harm as a result of the fall — including medical bills, lost wages, pain and suffering, and reduced quality of life.
What Compensation Can You Recover?
The damages available in a slip and fall case typically fall into two categories:
Economic Damages | Non-Economic Damages |
|
|
Slip and fall settlements typically range from $10,000 to $50,000, though cases involving serious injuries such as traumatic brain injuries, spinal cord damage, or hip fractures can result in significantly higher awards. [4] Every case is different, and settlement value depends on the severity of your injuries, the strength of the evidence, and the policy limits of the at-fault party's insurance. [11]
Steps to Take Immediately After a Slip and Fall
What you do in the hours and days following a slip and fall accident can make or break your legal claim. Here is what to do:
Seek medical attention immediately. Even if you feel fine, adrenaline can mask serious injuries. A prompt medical record creates a documented link between the fall and your injuries.
Report the accident to the property owner or manager. Request that they file an incident report, and get a copy for your records.
Document everything. Take photos of the hazard that caused your fall, your injuries, your footwear, and the surrounding area before anything is cleaned up or repaired.
Get witness information. If anyone saw what happened, collect their names and contact information.
Preserve your clothing and shoes. The condition of what you were wearing can be relevant evidence.
Do not give a recorded statement to the insurance company. Anything you say can be used to increase your percentage of fault or reduce your claim. Speak to an attorney first.
Contact a personal injury attorney as soon as possible. Commercial properties often have security footage that is overwritten within 7 to 30 days. Acting quickly can preserve critical evidence. [8]
Injured in a Slip and Fall? We Can Help. A & L, Licker Law Firm has 75+ years of combined legal experience and has handled more than 20,000 cases across Missouri and Illinois. Our team is ready to review your case at no cost to you. Call us today: 636-916-5400 Visit: lickerlawfirm.com • Free Consultation • No Fee Unless We Win |
References
[1] National Safety Council. Injury Facts: Falls, Retrieved from injuryfacts.nsc.org. (2024)
[2] Rev.com. 53+ Personal Injury Statistics for 2026. Retrieved from rev.com/blog/personal-injury-statistics. (April 2026).
[3] CDC Foundation. Preventing Older Adult Falls and Fall Injuries. Retrieved from cdcfoundation.org/programs/falls.
[4] Grow Law. Personal Injury Statistics for 2026. Key Data, Trends, and Insights. Retrieved from growlaw.co/blog/personal-injury-stats.
[5] RunSensible. A Deep Dive into Personal Injury Law Statistics for 2025. Retrieved from runsensible.com/blog/personal-injury-law-statistics. (October 2025).
[6] Ott law. Proving Property Owner Notice in a Missouri Slip-and-Fall. Citing Gustafson v. Benda, 661 S.W.2d 11 (Mo.banc 1983) and Richardson v. QuikTrip Corp., 81 S.W.3d 54 (Mo. App. W.D . 2002) Retrieved from ott.law/blog. (March 2026).
[7] Missouri Revised Statutes §537.765. Pure Comparative Fault Rule. Retrieved via deputyandmizell.com and nolo.com/legal-encyclopedia/missouri-slip-and-fall-laws.html
[8] David Naumann Law. Slip and Fall Claim Missouri: How Premises Liability Actually Works. Citing RSMo §516.120. Retrieved from davidnaumannlaw.com/blog/slip-and-fall-claim-missouri. (May 2026)
[9] Nolo. Illinois Slip and Fall Laws and the Statute of Limitations. Citing 735 III. Comp. Stat. § 5/2-1116 (2024). Retrieved from nolo.com/legal-encyclopedia/illinois-slip-and-fall-laws.html. (October 2024)
[10] Lear Werts LLP. Slip & Fall / Missouri Premises Liability Overview. Retrieved from learwerts.com.
[11] Brown & Crouppen. Average Slip and Fall Settlement in Missouri. Retrieved from brownandcrouppen.com/blog/average-slip-and-fall-settlement. (March 2026).
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