Slip & Falls
Falls on Property Due to a Landowner’s Negligence
We have represented a number of persons who have been injured due to a fall caused by the negligence of someone else. In Illinois, a person may recover from a landowner or person who operates, maintains or controls a business or property if there is an injury caused by the landowner and/or responsible party’s negligence. We have represented persons who have been injured due to negligent conditions the surface of a floor, negligence relating to unnatural accumulations of snow or ice and injuries caused by unsafe sidewalks, stairways and stair landings. If you have been injured by a fall, you may be able to pursue a claim under ordinary negligence rules or may have a claim based upon premises liability. The facts surrounding the injury will determine which legal basis of liability would be appropriate for your claim.
For premises liability claims in the State of Illinois, a plaintiff must show that the landowner knew or should have known that the condition that caused the fall involved an unreasonable risk of harm. The plaintiff would also need to prove that the landowner should expect that persons would not discover or realize the danger or that the person would fail to protect themselves against such danger. Additionally, an injured party would need to prove that the landowner failed to exercise reasonable care to protect persons lawfully on the land. Additionally, a claim based upon a fall on someone’s property requires a plaintiff to prove there was an injury and the injuries resulted in damages. The damages that a person may receive compensation for on a slip and/or trip and fall claim include medical expenses, lost wages, loss of a normal life and pain and suffering. Whether any of these elements of damages would be appropriate would depend on the facts and how your injury has affected you.
Typically photographs of the area where you fell and the particular condition that caused you to fall will be taken to better explain the basis for your injury. In Illinois, a landowner will not be liable to you for injury just because you fell on their property. You would need to prove that they were negligent and their negligence caused your fall in order to have a valid claim based on the condition of the premises.
Being a firm in Western Illinois, we are often contacted in regards to persons who have fallen on snow and/or ice. As a general rule, property owners do not have a duty to remove natural accumulations of snow or ice from their premises. However, a landowner can be responsible for injuries that are caused by unnatural accumulations of ice. Additionally, a person may have a claim for an injury based on a fall on ice, if the ice formed as a result of negligent design or maintenance of the pavement. Other factors that need to be considered in addressing the validity of a claim addressing a slip and fall on ice is the lighting in the area of where a person falls and is injured.
If you have a claim relating to injuries from a fall due to the dangerous condition of a walking surface or the negligence of another we would be pleased to discuss your claim with you.
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