Premises Liability | Slip And Falls

A Slip and Fall accident is when someone slips or trips and falls on another person’s property and suffers an injury from the fall. This could be, among other possibilities, because of a slick surface, failure to maintain a section of their property open to the public, poorly lit areas, or debris or other obstacles left in places where people are expected to walk.

Slip and Fall accidents fall under the category of personal injuries and are given a period of two years – referred to as the Statute of Limitations – in order to file a claim seeking compensation for the injuries caused by the accident. Claims made after the two-year period will almost always be dismissed, so it is a good idea to make preparations, such as contacting a Slip and Fall accident lawyer to help you investigate and build your case, as soon as possible after the time of your accident.

The responsibility – or fault – for an accident is determined by negligence. In other words, one or more of the parties involved must have had a responsibility to prevent the accident and failed to meet it, and there must also be evidence to prove that your injuries were caused by the accident.

For example, if you were injured in a fall in a stairway that was poorly lit, or some of the stairs were damaged or uneven in a building available to the public, the owner of the building would be responsible for failing to insure that the stairs were safely illuminated.

The other party will often attempt to claim that you bear some of the responsibility for your Slip and Fall accident. This may or may not be true.

The State of Illinois follows a system referred to as “modified comparative negligence”, which means that if you are partially responsible for an accident, up to 50%, you can still receive compensation for the accident, but it will be reduced by the percentage of your responsibility for your slip and fall.

For example, if you were found to be 30% responsible for your accident because there was signage warning of a slick surface, and your damages from your injuries came to be worth $20,000, you would still be able to receive up to 14,000, or 70% of the original value.

Your first concern after a Slip and Fall accident is to receive medical treatment. Depending on the severity of your injuries, you will want to have yourself examined and treated by your family doctor or to go to an emergency room for more severe injuries. Falls, often resulting in blunt impacts, can often result in head injuries or internal injuries that are not immediately visible, so you want to receive treatment as soon as possible to avoid letting your condition worsen.

If you are in a condition to do so, take photographs of the scene as evidence. Do not worry if you are too hurt to do this. Photographs are only one part of your case. You will also want to keep proof of your medical bills and other related expenses and to report your accident in writing to the appropriate person, such as the landlord, or the store or property manager. Get a copy of the report for your own records.

Keep a journal of your recovery, but keep it between yourself and your attorney, who you should get in touch with as soon as possible after receiving medical treatment. Don’t engage with social media, as this can often be used against you.

If you are concerned about the cost of an attorney to handle your case, don’t worry. The majority of personal injury attorneys do not charge any fees unless they successfully help you to win your case.

An experienced Attorney will be able to help you in many ways with your Slip and Fall case, allowing you to focus on your recovery. Some of these things include:

• Investigating your slip and fall accident to provide a full picture and build a strong case
• Speaking with experts to understand the cause of your accident, the care you’ll need, and who should be responsible
• Making sure that your claims are filed properly and are promptly completed.
• Negotiating to help seek an appropriate settlement, or to take your case to court if needed.

The answer to this question is a little complicated. Did you fail to notice a hazard, such as oil causing a slick floor, because you were distracted by your phone or a general failure to pay attention to warnings such as a safety sign or cones marking an area? The other party may claim that you were at least partially responsible for your slip and fall accident.

On the other hand, if you failed to notice a hazard because of some failure on the part of the other party, such as an obstacle preventing you from reasonably being able to see the hazard before you run into it, the other party would likely be responsible.

Unfortunately, falls are one of the most common causes of head injuries, leading to as much as 40% of the traumatic brain injuries that require emergency attention in the United States. These kinds of injuries are especially common in the elderly and the very young.

Other common kinds of injuries from falls include

• Hip fractures
• Back injuries
• Spinal cord injuries
• Sprains
• Fractures
• Shoulder injuries