For those of us living and working in Missouri, unpredictable weather can transform safe spaces into hazardous areas without warning. Every winter, residents and businesses wrestle with the impact of snow, ice, and rain—and the risk of slip and fall accidents grows. Whether you have suffered an injury after a fall on someone else’s property or your own property, understanding how Missouri weather affects premises liability can make a difference in the outcome of a claim. Below, we share practical guidance on the state’s unique premises liability laws, what both property owners and injury victims need to know after a weather-related accident, and how taking the right steps can help protect your rights and interests.
How Do Missouri’s Premises Liability Laws Address Weather-Related Accidents?
Premises liability laws in Missouri require property owners to maintain reasonably safe environments for those lawfully present on their property. When weather creates hazards—such as slick walkways, icy stairs, or wet entryways—property owners have a duty to exercise reasonable care to address the risks. However, the law recognizes that not every weather condition can be anticipated or prevented immediately, and what is “reasonable” depends heavily on timing, severity of the weather event, and the efforts made by the property owner to remedy hazardous conditions.
For example, a sudden ice storm overnight may not allow sufficient time for a homeowner or business to clear sidewalks before morning. Missouri law looks closely at whether the property owner was aware (or should have been aware) of a dangerous condition and what actions were taken to address it. If an owner knowingly allows ice or snow to accumulate over several days without attempting to clear it, this may be seen as a failure to provide reasonable care. Conversely, immediate or ongoing efforts to manage weather hazards—like shoveling, salting, or placing warning signs—can demonstrate a commitment to safety.
Every case is fact-specific, hinging on details such as the amount of precipitation, how long the hazard existed, maintenance records, and any relevant city ordinances. Preserving evidence—such as weather reports, photographs, and witness testimony—is critical for both property owners and injury victims. Timely action and documentation help establish what steps, if any, were reasonable under the circumstances.
How Can You Prove Negligence After a Weather-Related Slip & Fall in Missouri?
Anyone pursuing a Missouri premises liability lawsuit after a weather-related slip and fall must prove that the property owner failed to act with reasonable care. This involves showing that the owner had actual or constructive knowledge of the unsafe condition, and that their response (or lack of response) directly contributed to the injuries sustained. Solid evidence is essential to meet this legal standard.
To build a strong claim, consider gathering the following types of evidence as soon as possible:
- Photographs and Video: Capture images of the ice, snow, wet surface, and wider area immediately after the fall.
- Eyewitness Testimony: Record statements and contact information from anyone who saw the fall or the hazardous condition.
- Maintenance and Inspection Records: Obtain logs that prove whether and when the property owner inspected or treated the hazard area.
- Weather Data: Collect local forecasts and radar data to confirm the timing and severity of the weather event.
- Official Reports: Secure copies of any accident or incident reports filed with property management, law enforcement, or emergency responders.
Missouri courts consider how long the hazard existed, whether the property owner was notified, and the efforts taken to address it. Immediate action to preserve evidence—especially before snow melts or conditions change—can solidify a case and improve the odds of a successful outcome. Thorough documentation also helps prevent disputes over facts if the claim becomes contested.
Are Commercial Property Owners in Missouri Held to Different Liability Standards During Snow & Ice Events?
Commercial property owners, including businesses, landlords, and property managers, face higher standards for weather-related premises liability than most residential owners. This heightened duty arises because commercial properties attract a larger number of visitors—customers, staff, tenants, or the public—and are held to a higher standard to maintain safe conditions. For businesses, failing to clear snow and ice from entryways, sidewalks, and parking lots promptly can quickly become grounds for a premises liability claim following a slip-and-fall.
Most cities and municipalities in Missouri have ordinances detailing when and how commercial property owners must address hazards following inclement weather. For example, in St. Louis, businesses are often required to clear adjacent sidewalks promptly after a snowstorm or risk municipal violations and civil liability. These ordinances help establish both the required standard of care and the evidence of negligence if the standard is ignored. Businesses that regularly monitor and document snow removal or de-icing efforts benefit from a stronger defense if a claim arises.
Unlike homeowners, commercial property owners are expected to proactively inspect their properties throughout the winter months, establish dedicated procedures for addressing weather hazards, and train employees to respond quickly. Courts regularly assess whether a business posted warning signs, scheduled routine checks, and responded to weather conditions in a manner consistent with industry best practices. This proactive approach not only supports legal compliance but also creates safer environments and reduces the risk of costly litigation.
What Steps Can Property Owners Take to Decrease Liability Risks During Hazardous Missouri Weather?
By taking consistent, visible action before, during, and after a weather event, property owners can significantly reduce the risk of slip-and-fall accidents and associated liability. Whether you own a single-family home or a commercial property, proactive planning and real-time response to changing conditions are key. Start with a winter weather plan that includes maintaining an adequate supply of salt, sand, or de-icer, and establishing who is responsible for snow and ice removal.
Create a checklist for daily or post-storm inspections, focusing on high-traffic areas such as driveways, entry ramps, walkways, and building entrances. Document every action taken—record the date and time walkways are shoveled, material is applied, or warning signs are posted. If outside contractors perform removal, retain their invoices and work logs. Keeping a written log of maintenance reduces disputes and provides essential evidence if a claim arises.
Compliance with local ordinances is crucial. Many Missouri towns require property owners to remove snow and ice from sidewalks within a specific timeframe after storms. To further minimize risk, post clear warning signs, use non-slip mats inside entryways, and double-check gutters and downspouts to ensure they do not drain onto walking surfaces where water can freeze. Attention to detail and a culture of safety can help reduce both injuries and legal exposure in harsh weather.
What Should You Do If You Slip & Fall Due to Ice, Snow, or Rain on Missouri Property?
If you are injured in a weather-related slip and fall on someone else’s property, your first priority should be seeking medical care, even for seemingly minor injuries. Prompt evaluation documents your condition and creates an official record directly tied to the incident. Once safe, start gathering evidence: take clear, timestamped photographs of the hazard, your shoes, and the surrounding environment as soon as possible. These images can quickly become crucial if the weather changes or the property owner addresses the hazard after your accident.
Request and complete an incident report if the fall occurs at a business, apartment complex, or public area. Ask for copies of any paperwork generated at the scene and collect names and contact details of any witnesses. Keep medical records and receipts related to treatment, medications, or follow-up care. Document your version of events in detail, including time, weather conditions, and your actions before the fall, while your memory is fresh.
Be cautious in discussions with property owners or their insurance companies. Avoid making statements about fault or downplaying your injuries until you have sought legal counsel and fully understand your rights. In Missouri, quick and thorough action is often necessary—both to ensure your health and to preserve the evidence needed for a potential premises liability claim.
Contact Us Today
If you are facing the aftermath of a weather-related slip and fall, whether as a property owner or an injury victim, you may have urgent questions about your legal obligations or rights. Consulting an attorney with experience handling Missouri premises liability claims early in the process ensures you understand the legal standards, deadlines, and evidence needed to protect your interests. Do not wait for an insurance dispute or a formal claim to seek help—some of the most decisive moments come early, when evidence can be preserved and rights clarified.
For property owners, timely legal involvement helps navigate local ordinances, respond appropriately to claims, and avoid costly missteps. For injury victims, early legal counsel clarifies your position, helps you avoid unintentionally damaging your case, and ensures that insurers or property owners do not pressure you into accepting less compensation than you may deserve. Choosing a firm with a proven track record of personalized advocacy and courtroom strength can make the legal process less daunting and align with your best interests from the beginning.
Missouri weather can bring unexpected challenges, but you do not have to navigate the premises liability process alone. If you need advice or guidance about a weather-related injury or property liability, reach out to Sedey Harper Westhoff. Our team draws on decades of commitment, clear communication, and in-depth knowledge of state and local law to support our clients.
Contact us today to get started with our team.