Slip and fall Personal Injury accidents cover a whole range of hazards that can occur on poorly maintained property. Whether ice or water makes a floor slippery, poor structural integrity makes a staircase rickety, or exposed wires cause electrical shock, any ensuing injury can be traced back to negligent property maintenance. If you or a loved one is injured in a slip and fall accident make sure you,
If possible, take a picture of the area in which the slip and fall occurred. If your case is taken to court, the property owner will most likely claim that the ice is a “natural accumulation” of snow. This is a strategic use of terminology. By claiming the area is a “natural accumulation” of snow, they are absolving themselves from blame. If there is any evidence of “unnatural accumulation” of snow (shoveled mounds of snow blocking views, unplowed snow after several days of accumulation, ice from drainage pipes, etc.) then it is imperative you take a picture to use in court.*
*The statute of limitations for an adult slip and fall accident is 2 years after the accident. For a child slip and fall accident, the statute of limitations is 2 years after the child turns 18. BUT DON’T WAIT. Visit Iamcallingmylawyer.com today to receive your rightful compensation.
It can be extremely difficult to identify the responsible party as people are very quick to pass the blame to someone else. An experienced personal injury attorney will take the address of the accident and research the owner of the property, the snow removal company, any individuals responsible for the care and keeping of the property, etc. to correctly identify blame.
A Personal injury attorney would then make a claim with the at blame party’s insurance provider.
Liability in a slip and fall case usually falls on the business or property owner where the accident occurs. But determining and then proving such liability is not a straightforward as you might think. For one thing, there are no hard and fast rules about the maintenance that an owner must perform on their property.
While a restaurant is expected to keep certain standards of cleanliness, the same could not be said for a derelict warehouse. If the case goes to court, a standard of “reasonable care” must be established to determine whether the property owner knowingly created a hazardous environment. Especially in the case of trespassing, it can be difficult to show that a property owner should have expected harm to come to someone on their property.
Once you have sufficiently demonstrated both negligence and liability on the part of the business or property owner, you seek compensation for past and future medical expenses, lost income, emotional distress, pain and suffering, and more. Strong documentation throughout the entire claim process is necessary to receive full compensation for your slip and fall injuries.
Slip and fall cases require specialized knowledge of the regulations and legal mandates that apply to public and private property upkeep, as well as your rights as a victim. If you or a loved one have suffered from a slip and fall accident, we encourage you to seek legal counsel now. I Am Calling My Lawyer team of experienced slip and fall accident lawyers located in Schaumburg can help you get the money you deserve before its too late! Get in touch!
• Defects in pavement
• Snow and ice accumulation
• Torn, raised, or worn carpeting
• Inadequate lighting
• Broken handrails
• Holes and depressions in the ground
• Spilled food or drinks
• Stray electrical cords and wires
In Illinois, the Snow And Ice Removal Act does not require properties owners to remove “natural accumulations” of snow and ice from their premises. Although this does not remove all culpability for slip and fall accidents related to snow, it protects property owners from a majority of cases during the cold parts of the year.
Comparative negligence refers to the responsibility of the injured party in causing their slip and fall. It is expected that people should look where they are walking, not run in dark or icy conditions, not trespass, etc. In Illinois, your potential damage award can be reduced proportionately to the comparative negligence on your part that is determined in court. In other states, any negligence found on the part of the plaintiff can completely discount a slip and fall lawsuit.
Compensation for slip and fall claims fall into the same categories as other personal injury cases. Medical expenses, lost income, pain, and suffering, and more are all on the table in a slip and fall accident.