No one expects to leave the house to meet a friend, go to dinner, or grab groceries, expecting to suffer devastating slip and fall injuries. Unfortunately, this happens every day in Evanston because some property owners act negligently.
If you were injured on another’s property, our firm can help determine if you can hold them accountable in a lawsuit. Not every accident on someone’s property is grounds for a lawsuit. The defendant must owe you a legal duty. For instance, businesses have a duty to their customers to keep their property safe, while homeowners have a duty to their guests and others they invite in. If the property owner or manager fails to uphold this duty, such as leaving a hazard exposed or failing to inspect for dangers, they can be held liable for the damages they caused.
Call Rhatigan Law Offices at (312) 578-8502 for a free, private case assessment with our slip and fall lawyers today.
How to Hold Someone Liable for a Slip and Fall Accident in Evanston, IL
Proving that a property owner or other party is liable for your slip and fall injuries actually requires establishing four separate elements. In a lawsuit claiming negligence, you must prove that the defendant had a legal duty of care to you, breached that duty through their negligent acts, and caused your claimed damages as a result. This is often a difficult matter, but our slip and fall attorneys are ready to help you get justice. If one of the following factors is not supported by evidence, the defendant will likely not be held liable:
Duty
The first step is to prove that the defendant owed you a duty of care. This might be the property owner, a property manager, or a commercial business renting the property. Several parties might have been responsible for the safety of the same property. Who we will sue will depend on who had the legal duty to oversee the property.
According to 740 I.L.C.S. § 130/2, property owners specifically owe entrants a duty of reasonable care under the circumstances and depending on the nature of the property and its uses. This fairly vague definition does not help much if you are not a lawyer. Essentially, this law means that responsible parties should take any reasonable steps to make that particular property safe. Thus, the duty of care for a residential home will not necessarily be the same as that placed on restaurant and bar owners. Our team will review the details of your case to determine if this duty arose.
While many states distinguish between “guests” and “trespassers,” the way Illinois’ law is written could technically include both if it is reasonable to expect certain types of trespassers. For instance, if a neighbor were fortunate enough to have a swimming pool in the backyard, it would be reasonable to expect local children to swim in it if not properly secured. If the property owner did not secure the pool and an accident happened to a trespassing child, they would very likely still have a duty under those circumstances.
Breach
Once the legal duty has been established, we must next prove how the defendant breached their duty. Again, determining the breach requires a detailed analysis of the facts. In some cases, the defendant breached their duty of care because they negligently allowed their property to lapse into disrepair, like leaving stairwells unrepaired. Other times, the safety precautions they have in place are inadequate. In many cases, they simply neglect to inspect or have employees inspect the property for dangerous conditions, like spills in a grocery store.
Causation
The third element we must show is “direct and proximate causation.” Put simply, we must prove that the defendant’s breach of duty caused your damages and not some other factor. For instance, insurance companies and defense attorneys will review your medical records doggedly to find any pre-existing conditions or injuries that they can place the blame on. However, suffering from prior injuries is not a sufficient reason to deny compensation if the defendant’s negligence made your previous condition worse.
If your current damages are completely unrelated to prior conditions or you have none, the defendant will likely look for some intervening cause to shift liability. For instance, they might argue that someone else left the hazard and they did not have time to discover it. However, what is considered a “reasonable” amount of time will depend, and it is ultimately their responsibility for the premise’s safety.
Damages
The last element to prove is “real” damages. A slip and fall might be humiliating, but you cannot file a lawsuit just over hurt feelings. That said, “real” damages are more than the financial losses the defendant’s negligence caused. It also includes the physical pain and emotional suffering you have endured as a result of the accident and recovering from your injuries. Thus, real damages include both your economic and non-economic damages.
When to Start a Slip and Fall Accident in Evanston, IL
Proving the elements above often requires a thorough investigation. Otherwise, you will not have the evidence you need to recover compensation. If you start your claim too long after suffering your injuries, it might be in trouble. According to 735 I.L.C.S. § 5/13-202, you have just two years from the date of the accident to file a lawsuit against the responsible parties.
This is far less time than what other states provide and can cost you dearly if not met. Civil defendants also have a right to have claims against them brought in a reasonable, timely manner. If a slip and fall claim is filed after the two-year limitations period, it will not proceed. In effect, you will be at a complete loss because you will not be allowed to recover compensation any other way.
Call Our Evanston, IL Slip and Fall Lawyers Today to Get the Legal Help and Compensation You Deserve
For a free case review with our slip and fall attorneys, call Rhatigan Law Offices today at (312) 578-8502.
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