While slipping and falling has been a long-time comedy routine, in reality, these accidents are no joke. Victims of slip and fall accidents often suffer serious injuries that can take years to heal.
When a property owner or operator of the premises negligently injures you, our attorneys can help you get the compensation you need. Our team knows what types of evidence we will need to show that the defendant knew about the dangerous condition and did nothing to prevent your accident. If we cannot show that they actually knew about the dangerous conditions, we can gather evidence and witness testimony to prove that they would have known if they had taken their responsibilities seriously.
Our Chicago slip and fall lawyers at Rhatigan Law Offices can provide you with a free case review by calling us at (312) 578-8502.
When You Can File a Lawsuit for Slip and Fall Injuries in Mount Prospect, IL
The law places many duties on individuals and businesses in Mount Prospect, depending on the circumstances. One of the most common duties of property owners and tenants is to maintain safe premises for their guests and customers. This includes cleaning up debris, clearing snow and ice, and putting up warning signs of known dangers. Unfortunately, not all property owners take these duties seriously, resulting in serious slip and fall injuries to those on their property. If you were injured because a property owner or operator acted negligently, our slip and fall lawyers can help you file a lawsuit against them. The following will help you understand when you can sue for injuries from a Mount Prospect slip and fall accident:
Violating the Duty of Care
At the core of most slip and fall lawsuits is showing that the property owner or manager violated their duty of care by not addressing a dangerous condition on the premises. Contrary to what some think, the property owner does not necessarily need to remove the dangerous condition, especially if it is constant or reoccurring. As an alternative, tenants and property owners can observe their duty of care by placing adequate warning signs around the premises.
They might even escape liability if the dangerous condition was so obvious that a reasonable person would have noticed it, whether a warning was put up or not. Thus, whether those responsible for the premises are liable for the condition that led to the slip and fall will be highly specific to the facts of your case.
Knowledge of the Dangerous Condition
You can typically recover compensation when it can be shown that the property owner had “actual” or “constructive” knowledge of the dangerous condition.
If a property owner was warned about a danger, like a spill in a store, and did nothing about it, actual knowledge can be shown. However, proving actual knowledge is more difficult than it sounds since there might not be much evidence that the property owner actually knew about the condition.
In most cases, you can prove your claim if you can show that the property owner or manager had constructive knowledge of the danger. To do this, you usually need to prove that enough time has passed that they should have known about the danger simply by doing routine inspections of the premises.
For instance, if a spill just happened in a grocery store and you slipped in it a minute later, that is not a reasonable amount of time for the store to have known about the spill. However, if the spill has been sitting there long enough that it is starting to dry when you slip in it, that could be enough to show a reasonable amount of time has passed that the store should have known about it and cleaned it.
Violating Local Laws
Another way to file a claim against someone for a slip and fall accident is by showing that they violated a local or state regulation or law. It is considered “negligence per se” when a person is injured by another person who violates the law.
Businesses and residences in Mount Pleasant must comply with numerous ordinances meant to keep their guests and patrons safe, such as regularly cleaning their premises, clearing snow and ice, and making routine inspections and repairs. They must also comply with local ordinances and building codes regarding staircases, handrails, and maintaining public walkways on their property.
When our team reviews your case, we will determine if one of these basic legal duties was violated. If we can prove that they violated the law, their knowledge of the danger will be a less challenging issue to overcome.
Damages We Can Help You Pursue in a Mount Prospect, IL Slip and Fall Lawsuit
Injuries from a slip and fall accident can result in far more significant damages than people realize. Fortunately, you can pursue damages for both your economic losses and non-economic losses. If your injuries were caused by an act that went beyond mere negligence, you might be able to claim punitive damages. The following breaks down the three types of damages:
Economic Losses
Your economic losses will be the first assessed in your case. These are the most obvious damages and the ones you typically feel the impact of immediately. Economic damages include your medical expenses, lost income, and any out-of-pocket expenses you incurred while dealing with your injuries.
These damages can usually be added up by collecting your bills and paystubs. However, we can also calculate future economic losses, like continued medical care and reduced income from lost earning potential and missed job opportunities.
Non-Economic Losses
We need an accurate estimate of your economic damages so we can assess your non-economic damages. These losses represent your “pain and suffering.” For example, if you live with constant knee pain because your slip and fall injuries require surgery, you can claim damages for the physical pain you have.
You can also claim emotional distress you suffer. Perhaps you cannot partake in the same activities with your family as you used to or must forgo once-enjoyed hobbies. You did not cause these negative impacts on your life and can be compensated for them.
Punitive Damages
Unlike the damages just described, punitive damages are not assessed based on your injuries but on the defendant’s actions in the case. Punitive damages are rarely awarded in a lawsuit since they are reserved for cases where the defendant acted egregiously or maliciously. For example, if the defendant pushed you down the stairs, you can make a reasonable claim for these damages.
Our Mount Prospect, IL Slip and Fall Attorneys Can Help You Get Compensation Today
For a free case assessment with our slip and fall attorneys, call Rhatigan Law Offices at (312) 578-8502.
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