Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Will County personal injury attorney slip and fall

Fall accidents are one of the leading causes of injury across all demographics. Elderly and disabled people are at an especially high risk of suffering catastrophic injuries in a fall accident. According to the Centers for Disease Control and Prevention (CDC), about one out of every five fall accidents causes a head trauma, broken bone, or another serious injury. If you or a loved one has had a fall, you may wonder if the owner of the property on which the accident occurred is liable for your injuries.

Fall Accidents Are Often Caused by Environmental Hazards

Slip and fall or trip and fall accidents are often caused by some type of unsafe condition on the property. Some of the most common environmental hazards that lead to fall accidents include:

  • Loose carpeting and rugs

  • Cracked concrete or sidewalks

  • Uneven pavement

  • Debris cluttering the hallway

  • Slippery floors

  • Broken floor tiles

  • Uneven steps

  • Defective stairs

  • Missing handrails

  • Inadequate lighting

If your slip and fall accident was caused by a hazard such as these, it is possible that the party who owns or occupies the property may be liable. This means that the property owner, or more likely the property owner’s insurers, may be required to compensate you for your damages. Damages are the losses that you suffered because of your injuries. Compensation for your medical bills, lost wages from missed work, and injury-related out-of-pocket expenses may be available. You may also be entitled to compensation for your pain and suffering and other non-financial losses.

To successfully recover compensation, however, you and your attorney will need to prove that:

  • The property owner knew or should have known about the unsafe condition on his or her property.

  • You had a legal right to be on the property at the time of the accident.

  • You sustained injuries because of the property owner’s failure to fix or warn you about the unsafe condition.

  • Your injuries resulted in damages such as medical expenses or lost income.

Slip and Fall Accidents Caused by Icy or Snowy Conditions

Illinois has enacted a law specifically to address slip and fall accidents caused by snow or ice. According to Illinois law, a property owner is only liable for an injury caused by snow or ice when the injury was caused by an “unnatural accumulation” of snow or ice. If the weather caused a snowy or icy condition, the property owner is typically not liable. If the property owner’s actions caused the snowy or icy condition and someone falls, the property owner may be liable for damages.  

Contact a Plainfield, IL Slip-and-Fall Accident Lawyer

If you or a loved one suffered injuries in a slip and fall accident, you may be entitled to compensation for your damages. To learn more about filing a claim and seeking compensation, contact a Will County premises liability attorney from the Law Offices of Tedone & Morton, P.C. Call 815-666-1285 or 815-733-5350 to schedule your free consultation.

 

Sources:

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/125.00.pdf

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premises-liabilityAccording to the Illinois Premises Liability Act, property owners are required to care for and maintain their premises. In the event an individual sustains an injury on their property, they may be liable. Therefore, property owners are encouraged to invest in premises liability insurance to protect themselves.If you have suffered from an injury as a result of a hazard on someone else's private or public property, you may be curious as to what their premises liability insurance covers and whether you are eligible to collect compensation for your medical bills, lost wages, and other damages.

Types of Accidents Covered by Premises Liability Insurance

Premises liability insurance is designed to pay victims who sustain injuries by dangerous conditions on properties. Some of the most common types of accidents covered by premises liability insurance are as follows:

Slip and fall accidents; Dog bites and animal attacks; Swimming pool incidents; Insufficient lighting; Cluttered floors; Damaged walkways and entryways; and Negligent security.

How to Recover Compensation Under Premises Liability Insurance

If you get hurt on a private or public property, you are not automatically awarded compensation under the property's premises liability insurance. In order to recover compensation, the following elements must be established:

  • There was a hazardous condition on the premises;
  • The property owner was aware or should have been aware of the hazard;
  • The property owner did not maintain their premises in accordance with Illinois law; and
  • You sustained injuries because of the property owner's breach of duty.

Evidence Necessary for Premises Liability Insurance Claims

To increase your chances of collecting the fair and full compensation you may be entitled to, evidence is incredibly important. Some of the most common types of evidence used to support premises liability cases includes:

  • Photographs or videos of the accident scene;
  • Witness testimony;
  • Medical records that show the severity of your injuries and cost of treatment; and
  • Real estate deeds or leases.

It is important to note that while evidence is crucial in all personal injury cases, it is even more vital in premises liability cases. This is because victims likely have limited access to the property.

Contact Our Joliet Premises Liability Attorneys

If you have been hurt on someone else's property, reach out to our highly skilled Joliet premises liability attorneys. For a free, no-obligation consultation, call us at 815-666-1285. We can determine whether you have a valid case, help you gather evidence, and ensure that you receive the maximum compensation you may deserve.

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

Posted on

premises liability, accident liability, Illinois Personal Injury AttorneyThe activities of everyday life regularly take people onto property owned by other parties or entities many times each day. Whether it is a day at work, a trip to the grocery store, a visit to a friend's house, or a ride on public transportation, very little thought is typically given to who owns the property and who may be responsible for its upkeep – until an accident happens. When an injury-causing accident occurs outside of the victim's home, the ownership and maintenance of the property suddenly take on entirely new importance. Premises liability laws in most states, including Illinois, often hold negligent owners financial responsible for preventable injuries occurring on their property.

Common Types of Premises Liability Accidents

There are a wide variety of accidents frequently considered under premises liability statutes, including but not limited to:

  • Slip and fall or trip and fall accidents;
  • Staircase, escalator, and elevator accidents;
  • Falling merchandise or equipment;
  • Dangerous or toxic substance exposure;
  • Inadequate lighting or security; and
  • Dog bites or animal attacks.

In short, premises liability cases can include any type of injury caused directly or indirectly by the action, inaction, or negligence of the party responsible for maintaining property safety.

Pursuing a Premises Liability Case

An injury occurring on the property of another does not make the owner liable for the injuries by default. Instead, Illinois law requires that a victim seeking liability compensation must be able to demonstrate:

  • The owner or occupier of the property knew, or reasonably should have known, of the existence of the injuring-causing hazard;
  • The owner or occupier of the property failed to act, or acted improperly in preventing injuries related to the hazard;
  • The owner or occupier of the property should have expected the injured party would not be aware of the hazard, or would not be able to protect himself or herself from it; and
  • The foreseeability and the likelihood of the accident by a reasonable person.

Qualified Legal Representation

If you have been injured in a slip and fall accident, or any other type of premises liability incident, contact an experienced Will County personal injury attorney today. At The Law Offices of Cosmo Tedone and Barbara Morton, P.C., our team is dedicated to helping you fight for the compensation you need to put your life back together.

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