The Law Office of Kurt H King

April 30, 2010

Missouri Slip & Fall Law

The Missouri Supreme Court case of Roman v. King, 289 Mo 641, 654, 233 S.W. 161, 165 (1921), is old but good law in favor of tenants who slip and fall on common sidewalks/grounds due to landlord’s failure to remove snow and ice, make repairs, etc.   When the landlord fails to timely remove accumulated ice on a common sidewalk that makes the only way to the apartment/office dangerous (just one example), what is the tenant to do?  Find another place to stay?  Or, try to walk on the ice? 

The Missouri Supreme Court recognized the tenant’s dilemma and found that the tenant who fell on dangerous access route to her apartment was NOT at fault in continuing to use that only access to her apartment.  The Roman case is one to turn to when the landlord or its insurer try to blame the tenant for falling on ice left overly long on the only common sidewalk to the tenant’s apartment or other rented space.

Kurt H. King
Law Office of Kurt H. King
20 E. Franklin
Liberty, Clay County, Missouri 64068

Bankruptcy, Child Custody and Support, Divorce and Modification, Family Law
Pesonal Injury, Workers’ Compensation

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