Tina Hursman vs. The City of Sedalia, Missouri
Missouri Court of Appeals, Western DistrictNov 25, 2025affirmed
St. Louis slip-and-fall attorney proving property-owner notice, preserving surveillance footage, and pursuing full compensation after dangerous premises injuries.
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A short summary is enough. We can sort out the legal categories after we understand the injury and insurance posture.
Slip-and-fall cases are not minor claims when the injury changes how you work, sleep, walk, or care for your family. A fall on a wet store floor, broken stair, icy parking lot, poorly lit hallway, loose mat, or unsafe apartment walkway can cause surgery-level fractures, herniated discs, shoulder injuries, hip injuries, and traumatic brain injuries. At Ott Law Firm in St. Louis, Joseph Ott represents people hurt by dangerous property conditions throughout Missouri.
The core question in every Missouri slip-and-fall case is not just whether you fell. The question is whether the property owner, store, landlord, restaurant, hotel, or property manager failed to use ordinary care to keep the premises reasonably safe.
Most commercial slip-and-fall claims turn on four proof points:
Missouri law treats customers and business visitors as invitees. Property owners owe invitees a duty to use ordinary care to make the premises reasonably safe. That includes reasonable inspections, timely cleanup, adequate warnings, and attention to recurring hazards.
Insurance companies often respond to slip-and-fall claims by saying, "We did not know the hazard was there." That is why notice evidence matters.
Actual notice means the owner or employee directly knew about the condition. Examples include prior complaints, employee reports, incident logs, maintenance tickets, inspection notes, or testimony that staff saw the hazard before the fall.
Constructive notice means the condition existed long enough, or occurred in a predictable enough way, that a reasonably careful owner should have discovered and corrected it. A grocery store produce aisle, rainy entryway, restaurant bar floor, apartment stairwell, or winter parking lot may require closer inspection because hazards in those areas are foreseeable.
Missouri courts recognize that some self-service retail settings create recurring risks. In Sheil v. T.G. & Y. Stores Co., the Supreme Court of Missouri addressed how a customer may make a submissible case in a self-service store without direct proof of exactly how long the item had been on the floor. That rule does not make every fall a winning case, but it does prevent stores from escaping responsibility simply because the injured customer cannot identify the precise minute a hazard appeared.
Ott Law Firm handles premises liability cases involving:
The location matters because the evidence differs. A store case may turn on surveillance footage and sweep logs. An apartment case may turn on tenant complaints and maintenance tickets. An icy parking lot case may turn on weather records, salting schedules, and snow-removal contracts.
The practical deadline in a slip-and-fall case is much shorter than Missouri's statute of limitations. Video can be overwritten within days. Spills get cleaned. Ice melts. Employees change jobs. Maintenance records disappear.
After a fall, preserve:
Ott Law Firm sends preservation letters quickly so the property owner is on notice to keep surveillance footage, inspection logs, cleanup records, maintenance reports, employee schedules, and prior incident records.
A hard fall can cause injuries that are expensive, painful, and long-lasting:
Falls are especially dangerous for older adults, people with prior spine problems, and workers whose jobs require standing, lifting, driving, or manual labor. A property owner does not get a discount simply because an injured person had a prior condition. Missouri law allows recovery when negligence aggravates an existing injury.
Property owners often argue that the injured person should have watched where they were going. Missouri's pure comparative fault system means that argument can reduce damages if a jury accepts it, but it does not automatically defeat the claim. The jury compares everyone's conduct: the owner's failure to inspect, clean, repair, or warn, and the injured person's conduct at the time of the fall.
This is why investigation matters. The difference between a denied claim and a strong case may be a video clip showing employees walking past the hazard, inspection logs showing no one checked the area, or maintenance records proving the same condition had been reported before.
Ott Law Firm has taken premises liability cases to verdict when insurance companies refused to take responsibility. Our results include a $570,000 slip-and-fall jury verdict and a $533,000 slip-and-fall jury verdict after the defendant denied the fall and offered only $20,000 before trial.
Past results do not guarantee a future outcome, but they show why preparation matters. Slip-and-fall cases are evidence cases. The faster the evidence is preserved and organized, the stronger the leverage becomes.
Most Missouri slip-and-fall personal injury claims must be filed within five years under RSMo 516.120. That does not mean you should wait. Surveillance footage, witness memory, and maintenance records are often the proof needed to establish notice, and those materials are easiest to preserve immediately after the fall.
If the fall causes death, Missouri's wrongful death deadline may be shorter. Claims against public entities can also involve additional notice and sovereign-immunity issues. Talk with an attorney quickly if the property was owned or controlled by a city, county, school district, or other public entity.
How do I know if I have a slip-and-fall case in Missouri? You may have a claim if a dangerous property condition caused your fall and the owner knew or should have known about it. The strength of the case depends on notice evidence, injury severity, insurance coverage, and whether evidence can be preserved.
What if the store cleaned the hazard before I could photograph it? That is common. Witness statements, surveillance footage, employee testimony, inspection logs, and incident reports can still prove what happened. The key is sending a preservation request before video and records disappear.
Does a wet floor sign defeat my case? Not always. A warning must be visible and reasonable under the circumstances. If the sign was placed after the fall, hidden from your direction of travel, too far from the hazard, or inadequate for the size of the danger, the owner may still be liable.
Can I recover if I was partly at fault? Yes. Missouri uses pure comparative fault. Your recovery is reduced by your percentage of fault, but partial fault does not automatically bar recovery.
How much does it cost to hire Ott Law Firm for a slip-and-fall case? Ott Law Firm handles slip-and-fall and premises liability cases on a contingency fee basis. You pay no attorney fee unless we recover compensation for you.
If you were hurt in a fall at a store, restaurant, apartment complex, parking lot, hotel, office building, or other property in Missouri, contact Ott Law Firm before giving a recorded statement or accepting an insurance offer.
Call (314) 710-2740 or contact us online for a free consultation. We represent slip-and-fall clients throughout St. Louis, St. Louis County, St. Charles County, Jefferson County, and across Missouri.
The best time to evaluate a premises case is before surveillance footage, sweep logs, weather records, and witness information disappear. Even if the property owner says no one knew about the hazard, a focused investigation may show recurring spills, poor inspection practices, ignored maintenance complaints, or an unsafe design that made the fall foreseeable.
Missouri appellate decisions currently tagged to this practice area.
Missouri Court of Appeals, Western DistrictNov 25, 2025affirmed
Missouri Court of Appeals, Eastern DistrictMar 25, 2025affirmed
Supreme Court of MissouriMar 18, 2025dismissed
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