Pursuing Compensation After a Slip and Fall Injury

 Posted on December 24,2018 in Personal Injury

With the holiday season in full swing, thousands of people throughout the greater Chicago area are shopping and enjoying activities around the town. However, with the winter holidays comes winter weather conditions, and walking in and around establishments and other properties during this time of year can be a dangerous proposition. From broken bones to traumatic brain injuries, falls can result in expensive hospital trips, costly physical therapy, and chronic pain. If you suffer a fall injury, contact an experienced attorney as soon as possible. 

Understanding Illinois Slip and Fall Laws

According to the Snow and Ice Removal Act, written within the Illinois Compiled Statutes, property owners are encouraged to remove natural accumulations of snow or ice from their property, but they are typically not responsible for injuries that occur when someone slips and falls on snow or ice. While some municipal ordinances may require a premises owner to clear walkways of snow or ice in certain situations, this does not establish legal liability. That said, if a premises owner elects to remove the snow or ice and does so in a negligent manner, they may be liable for injuries suffered. 

While property owners are not liable for natural accumulations, they may be liable for falls caused by unnatural accumulations of snow or ice. These cases may involve factors such as sloping surfaces, improper entryway design, and negligent maintenance, resulting in snow or ice accumulating in an unexpected manner and creating an increased risk for people who enter the property.

Why Shared Fault Should Not Halt a Lawsuit

In the vast majority of slip and fall cases, businesses or property owners and their insurance companies will be reluctant to shell out compensation for injuries suffered. In a number of cases, the insurance companies, or an attorney representing a business or residential property owner, will argue that the fall was caused by the negligence of the injured party. Common arguments may claim that the victim was using a cell phone or was distracted in another way, was wearing inadequate footwear, or that the conditions that caused the accident should have been obvious to them. 

Due to the state of Illinois’ modified comparative negligence rule, a property owner or person responsible for an injury may try to reduce their liability by arguing that the injuries suffered were fully or partially the fault of the victim. Still, even if the arguments mentioned above show that a victim was partially responsible for an accident, the injured party may still be able to recover a percentage of the full amount of damages suffered.

Contact a Plainfield Slip and Fall Accident Lawyer 

Attorney Daniel Flaherty has years of experience helping those injured in falls, and he has helped his clients achieve life-changing victories, including a case in which a client was awarded $100,000 after suffering a fall in a convenience store. To schedule a free consultation with an experienced Will County personal injury attorney, call us today at 815-577-7500. 

Sources 

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/125.00.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116