When you walk into a restaurant, store, or a friend’s home, you should be able to expect to leave unharmed. Unfortunately, this does not always happen. Many people are injured in bad slip and fall accidents each year, and negligent property owners may be held liable. An attorney can help you take action to get the fair compensation you deserve.
Generally, the person or business that owns the premises where you fell may be held legally responsible for your injuries and damages. The key element here is that your accident must directly result from the property owner’s negligent failure to maintain the premises. Some common causes of slip and fall injuries include snow and ice, uneven floors or stairs, and spills or wet surfaces. Proving liability for these kinds of cases requires us to show how the defendant violated their legal duty to safely maintain the property, which is easier said than done. It is best to start soon, as we have limited time to file your case.
Speak to our slip and fall attorneys at the Rhatigan Law Offices about getting a free case review by calling us at (312) 578-8502.
Who is Responsible for Slip and Fall Accidents in Waukegan, IL?
In many cases, the victims of slip and fall accidents are blamed for their own injuries. Many people chalk these kinds of accidents up to clumsiness, and victims often face blame and ridicule instead of receiving help. Our slip and fall lawyers will help you fight to have the people who own the property where these accidents happen held liable for allowing the premises to become dangerous.
Individuals
Depending on who owns the property where you were injured, an individual may be named in your case and held legally responsible for your injuries and damages. This is more common in cases where the property is private, and the injured victim was an invited guest. For example, if you went to a neighbor’s house for dinner but slipped and fell on their damaged stairs, you can sue the neighbor for your damages. They are responsible for making sure their property, including stairs, is safe for guests. As described in more detail below, they may still be responsible even if they did not know the stairs were in need of repair. Reasonable inspections are a part of their legal duty of care.
Businesses
In many other cases, the defendant is not an individual person but a business. Remember, even businesses can be named in legal action and held responsible for injuries and accidents. For example, if you slipped and fell inside a grocery store or restaurant because nobody cleaned up a spill. In that case, you can sue the business for your damages rather than any one particular person.
Common Causes of Slip and Fall Accidents in Waukegan, IL
Slip and fall accidents can happen almost anywhere, making them very dangerous and unpredictable. Understanding what caused you to fall is the first step toward getting fair compensation.
Ice and Snow
Waukegan is a bit north of Chicago, and winters in the area are known for being cold. As such, it is not unusual for people to slip and fall because of snow and ice. If you fall on an icy public sidewalk, you likely cannot sue anyone for damages However, if you fall on a person’s icy walkway they did not bother to clear, or in the parking lot of a business that did not bother to plow the snow, you might have a strong claim for damages.
While slip and fall injuries due to snow and ice are more common outside, they can also follow people inside. For example, people going to a grocery store in the winter might track snow and ice inside. When it melts, it creates a puddle that might cause you to slip. Businesses must be diligent about keeping their floors clean under these kinds of conditions.
Uneven Floors and Stairs
Another common factor in many slip and fall cases is unsafe floors and stairs. Most people do not look at the floor when they walk. The same goes for stairs. We often put one foot in front of the other without looking down. If the floor or stairs are uneven or damaged, it can be very easy to trip and fall. Depending on how you fall, or how far you fall, you might suffer severe injuries. This is a somewhat common issue in older buildings where floors and stairs need more maintenance or need to be replaced.
Spills and Wet Floors
Falling accidents due to spills are common in bars, restaurants, or anywhere that might serve drinks. When someone spills something, an employee should clean it up as quickly as possible for the safety of all patrons in the establishment. At the very least, a wet-floor sign should be set up to warn people to go around the spill. If these things do not happen, an accident is far more likely, and the business should be held responsible for its negligence.
How to Prove Liability in a Slip and Fall Case in Waukegan, IL
To prove the defendant’s liability in a slip and fall case, we must establish their legal duty of care. According to 740 I.L.C.S. § 130/2, the duty of care in premises liability cases requires property owners to exercise reasonable care under the circumstances. Property owners must consider the overall state of the premises and how guests are meant to use the premises when making it safe and secure. As you can tell, this means that a defendant’s duty of care may be unique to their situation. Our team can help you determine the care the defendant in your case was legally required to exercise.
Next, we must show how the defendant violated or breached their duty of care. Did they allow the premises to fall into disrepair? Did they fail to make reasonable inspections for unsafe conditions on the property? Maybe they took certain safety precautions that were inadequate. Anything is possible.
It is not enough that the defendant violated their duty of care. We must show how the violation is the direct and proximate cause of the accident. If some other person or intervening force caused you to fall, the property owner might not be liable. Finally, your damages must be real and articulable. If you are uninjured in the fall, you likely do not have a strong claim.
Contact Our Waukegan, IL Slip and Fall Attorneys for Legal Assistance
Speak to our slip and fall attorneys at the Rhatigan Law Offices about getting a free case review by calling us at (312) 578-8502.
Resources