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When Is an Illinois Property Owner Liable for a Slip and Fall Injury?

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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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