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Slip and Fall Potential at World Aquarium in St. Louis


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10/13/2015
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Slip and Fall Accident Potential at World Aquarium in St. Louis, Missouri

 

Slip and fall accidents cause more than 12,000 deaths and 300,000 serious injuries a year. In fact, the Centers for Disease Control and Prevention lists slip and fall accidents as the number one cause of traumatic brain injury. Unfortunately, the World Aquarium in St. Louis presents many opportunities for slip and fall accidents.

 

How Slip and Fall Accidents Happen

 

A slip and fall accident can happen in a myriad of ways. In a theme park environment, the following causes are among the most common:

 
  • Slippery floors
     

  • Obstacles on the ground or on the floor
     

  • Pavement defects
     

  • Construction areas
     

  • Malfunctioning or leaky machinery
     

  • Inadequate ice removal
     

  • Leaky toilets
     

  • Faulty or nonexistent railing on stairways or elevated areas
     

  • Splash water from pools
     

  • Inadequate or nonexistent warnings of known dangerous conditions

 

To win a personal injury lawsuit against the World Aquarium, you will have to prove exactly why your accident occurred.

 

Proving Fault
 

In a St. Louis slip and fall accident lawsuit, it is your job to prove that the accident was the defendant’s fault. You need not prove fault “beyond s reasonable doubt” as in a criminal case – you only need to prove that the accident was more likely than not to have been the defendant’s fault (more than a 50% likelihood).

 

As a visitor to the World Aquarium, you are considered an “invitee” under personal injury law, because the aquarium’s advertising invited you to come and spend your money there. As an invitee, in order to hold the owner liable for your injury in a slip and fall case you must prove that:

 
  • a dangerous condition on the premises caused your accident;
     

  • the proprietor knew or should have known of the dangerous condition;
     

  • the proprietor had time to remedy the dangerous condition; and
     

  • the accident injured you.

 

Keep in mind that the owner may be excused from liability if, due to the circumstances, he lacked the time to remedy a dangerous condition in time to prevent your accident. This principle might apply, for example, if you slipped on ice that was dumped from a drink by another guest two minutes before your accident.

 

Damages

 

Once you have proven all of these elements of a slip and fall case, you must still prove the exact amount of the damages you are asking for. This can get tricky in the case of long-term injuries, because you will have to estimate future medical expenses. In addition to medical expenses you may recover for out of pocket expenses, pain and suffering (often several times the amount awarded for medical expenses) and perhaps even legal fees.

 

Comparative Negligence

 

If you were partly to blame for the accident (by running through the aquarium at the time of the accident, for example), a court will determine your percentage of fault as a specific percentage (30 percent, for example), and subtract the exact percentage from your damages award. You can still be awarded some damages, however, even if you were mostly at fault for the accident.

 

Slip and fall lawsuits are deceptively difficult to in Missouri, and securing an out-of-court settlement can be even tougher. If you have been injured in a slip and fall accident at the World Aquarium in St. Louis, you will need the services of an aggressive local lawyer with years of experience in slip and fall cases. Call Alvin Wolff at 314-241-2500 as soon as possible for an evaluation of your case.  



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