You're enjoying dinner at your favorite St. Louis restaurant when suddenly you slip on a wet floor near the kitchen entrance. Now you're dealing with missed work, medical bills, and ongoing pain that disrupts your daily life.
Restaurant slip and fall accidents happen more often than most people realize, affecting thousands of Missouri residents yearly. At Finney Injury Law, our St. Louis premises liability lawyers understand the physical, emotional, and financial toll these accidents take on victims and their families.
Understanding your rights to compensation after a restaurant slip and fall can help you make informed decisions about your case. Learn about available damages, what you must prove, and how Missouri law applies to these claims.
Damages in Restaurant Slip and Fall Cases
When you suffer injuries from a slip and fall accident at a restaurant, Missouri law recognizes several categories of damages designed to make you whole again. These damages address both the immediate impact of your injuries and the long-term consequences you may face.
- Medical expenses. These costs form the foundation of most restaurant slip and fall settlements. They include emergency room visits, diagnostic tests, surgery, hospital stays, and prescription medications. Future medical expenses are also a factor in your claim if your injuries require ongoing treatment.
- Lost wages. This includes your regular salary, bonuses, commissions, and other benefits. If injuries prevent returning to your previous job, you may recover damages for diminished earning capacity.
- Pain and suffering. Missouri law recognizes that physical pain, emotional distress, and reduced quality of life deserve compensation. These non-economic damages often represent a substantial portion of restaurant slip and fall settlements. Chronic pain or permanent limitations typically increase these damages significantly.
- Property damage. The restaurant's insurance should cover replacement costs if the fall damages personal items like eyeglasses or a smartphone. Some victims also incur expenses for medical equipment like crutches or braces that insurance doesn't fully cover.
- Loss of consortium. When injuries significantly impact your relationship with your spouse, they may have a claim for lost companionship and household contributions.
Proving Negligence in Your Restaurant Slip and Fall Case
To successfully recover compensation, you must prove the restaurant acted negligently. Missouri follows a comparative fault system, meaning you can still recover damages even if partially at fault, though your compensation reduces by your percentage of responsibility.
To establish negligence, you must prove four key elements:
- Duty of care. Missouri law requires restaurants to maintain reasonably safe premises for customers. This duty includes regular inspections, prompt cleanup of spills, proper maintenance, and adequate lighting. Restaurants must warn customers about known hazards they cannot immediately address.
- Breach of duty. You must show that the restaurant failed to meet safety standards. Common breaches include neglecting spill cleanup, missing wet floor signs, or allowing worn flooring to create hazards. Inadequate staff training or insufficient staffing during busy periods also constitutes a breach.
- Causation. The dangerous condition must have directly caused your fall and injuries. Medical records, witness statements, and surveillance footage provide crucial evidence to prove this connection. You must show injuries resulting from the fall, not preexisting conditions.
- Actual damages. Document your injuries through medical records, financial losses through bills and pay stubs, and life impact through photos and testimony. Regardless of the restaurant's negligence, you cannot recover compensation without proven damages.
Missouri's statute of limitations gives you five years to file a lawsuit, but acting quickly preserves evidence and strengthens your case. Restaurants often delete surveillance footage after 30 days, and witnesses' memories fade over time.
Typical Settlement Ranges for Restaurant Slip and Fall Cases
Restaurant slip and fall settlements in Missouri vary based on injury severity, liability strength, and individual circumstances.
- Minor injuries ($10,000-$25,000). Soft tissue damage, bruising, or injuries requiring minimal medical treatment
- Moderate injuries ($25,000-$100,000). Fractures, torn ligaments, or injuries requiring surgery or extensive treatment
- Severe injuries ($100,000+). Permanent injuries, traumatic brain injuries, or spinal damage warrant substantial compensation. Multiple surgeries or permanent work restrictions significantly increase settlement values.
Several factors can increase settlements beyond typical ranges. Clear evidence of negligence, multiple prior incidents, safety violations, or evidence destruction can all strengthen your position. While insurance policy limits affect available compensation, an experienced St. Louis premises liability lawyer can identify additional coverage sources.
If you’ve been injured in a restaurant slip and fall accident, act immediately to build a strong case. Document the scene, report the incident to management, seek medical attention, and preserve all evidence. Avoid discussing your accident on social media or with insurance adjusters without legal representation. Then, seek advice from an experienced slip and fall lawyer. The skilled attorneys at Finney Injury Law will thoroughly investigate your case, consult experts when necessary, and negotiate aggressively to maximize your compensation.