Slip And Fall Claims In Illinois

In this article, you can discover:

• An overview of the different types of slip and fall claims
• An explanation of the proof required in slip and fall claims
• How an attorney can help you get the most out of your case

What Are The Elements Of A Slip And Fall Claim?

Slip and fall claims in Illinois generally fall under two categories: a negligence action or strict premises liability action. Each contains some small differences in the proof that is required, but the general idea is the same. Property owners have a duty to maintain their premises in a reasonably safe condition for anyone who is legally on the property.

The outcome of slip and fall actions frequently depends on whether the actions of the plaintiff (the party that is injured) contributed to their injury. The answers to these questions can have a large impact on your case:

1. What, if anything, could you have done to avoid the fall?
2. Should you have been able to avoid the fall?
3. Was there an open and obvious defect in the property, such as a pothole or a crack in the sidewalk or driveway?
4. Should you have avoided the open and obvious defect?

How Do You Prove Duty Of Care In An Illinois Slip And Fall Claim?

Proving duty of care in slip and fall cases usually comes down to proof of notice of the condition. This tends to be the most difficult element for a plaintiff to prove. If there is clear notice, you have a stronger case. In other words, if this is a condition that the property owner has been aware of for some time, you have potential cases under strict premises liability and negligence.

Attorney Craig Donnelly is a seasoned lawyer based in Oak Brook, Illinois, who has helped countless clients just like you navigate the intricacies of personal injury law. With over 20 years of experience helping individuals and businesses in the greater Chicago area, he is prepared to assist you with getting compensated for your injuries. That way, you can stop worrying about your bills and focus on your recovery.

Still have questions? Ready to get started? Contact Donnelly Law LLC today to schedule an initial consultation.

What Is The Difference Between Actual And Constructive Notice In A Slip And Fall Claim?

Actual notice is real documented evidence that someone in control of the premises has seen the defect in the property. This evidence could consist of a written report or video, for example.

Constructive notice is a little bit more indirect. It exists when the property owner should have known about the condition. This may arise when a defect has been present for a long period of time such that the owner should have learned about it, but insufficient evidence exists to prove that they actually did know about it.

How Do You Prove Hazard And Fault In A Slip And Fall Claim?

Hazards are generally proven with evidence of a condition that is unsafe. Fault, on the other hand, comes down to whether there is a defect in the premises that the property owner should have known was dangerous.

An issue that frequently arises in slip and fall cases is the level of fault that should be attributed to the injured party. In Illinois, it’s called comparative negligence. Even if you are found to have some fault, you may still be able to recover damages.

How Can Your Law Firm Help Resolve A Slip And Fall Claim?

Many times, we can achieve great results for our clients by aggressively preparing for trial and forcing the liable party to negotiate a settlement. A settlement is beneficial because it can get you paid quicker than you would otherwise be paid through a lengthy trial. and the risks of trial (and an unfavorable verdict) are eliminated.

Our firm recently settled a slip and fall case where a client tripped over a large pothole while carrying groceries from her car into her apartment building at night. The case largely came down to what level of fault the plaintiff shared. With the assistance of a third-party mediator, we successfully negotiated a very favorable settlement for enough money to allow our client to get the surgery she needed to fix her injured wrist. Our client was also able to take time off work to recover without worrying about money.

For more information on How To Prove A Slip And Fall Claim In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.