When Is a Property Owner Liable for a Slip and Fall Accident?

 Posted on November 16,2020 in Personal Injury

Falling on someone else’s property, perhaps at a restaurant, store, or other business, is a fairly common occurrence, especially as winter approaches and snow and ice may accumulate around sidewalks, parking lots, and entrances. If your slip and fall accident results in injuries that require medical attention, you should consider hiring an attorney who can help you determine whether the property owner or another party may be considered liable.

Negligence in an Illinois Slip and Fall Case

According to Illinois law regarding premises liability, a property owner has a duty of care to take reasonable measures to promote the safety of lawful visitors to the property. Fulfilling this duty generally means that the owner should:

• Avoid contributing to a dangerous environment. For example, an owner should take care to ensure that debris, loose objects, obstructions, or wet or slippery floors are not left in an area that the owner knows is likely to see foot traffic.
• Take reasonable steps to resolve conditions that could be dangerous. For example, walkways and entrances should be cleared of ice and snow as soon as reasonably possible.
• Provide reasonable warning of a potential hazard. If it is not possible to eliminate a hazard, property owners should make an effort to provide clear warning that the hazard exists. One example would be placing a wet floor sign near a spill until it can be cleaned.

If someone is injured and suffers damages as a result of the owner’s failure to uphold the duty of care, the owner can be held responsible for those damages.

Making the Case for Compensation

If you have been injured in a slip and fall accident, your best chance of recovering compensation is to work with an attorney who can help you gather evidence to build a strong case for the property owner’s negligence. This starts with ensuring that you seek medical treatment as soon as possible so that there is verifiable evidence of the injuries you have suffered. Photographs of the scene of your fall and the conditions that contributed to it are also important, and witness testimony can help you establish the circumstances that contributed to the dangerous conditions.

The property owner may try to fight your claim by arguing that your own actions contributed to your injuries, that you should have been aware of the potential hazard, or that there was nothing the owner could have reasonably done to prevent the accident. For this reason, it is important to have an attorney who can be a strong advocate for your perspective in settlement negotiations or at trial.

Contact a DuPage County Premises Liability Attorney

At Mevorah & Giglio Law Offices, we will take a thorough approach to investigating and building your case to give you the best possible chance of obtaining compensation for your medical bills, lost income, and pain and suffering. Contact a Lombard slip and fall accident lawyer today at 630-932-9100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57