When is a Property Owner Liable for a Slip and Fall on Their Property?

 Posted on July 26, 2022 in Personal Injury

People can be seriously injured when they slip, trip, or fall, and the hazards of poorly tended surfaces are heightened for elderly and disabled individuals. Accidentally falling is one of the leading causes of unintentional deaths in America, and millions of people are treated in the hospital for injuries sustained in falls. It is important to understand your rights in Illinois if you are injured when you slip and fall. You may be eligible to receive compensation from the responsible party for your injuries, including medical expenses, pain and suffering, and more. 

How Does Illinois Premises Liability Law Work? 

The Illinois Premises Liability Act is intended to hold property owners and managers responsible if someone who has a right to be on the property is hurt because of carelessness or negligence on the part of the property owner. In some cases, property owners may be liable for injuries that occurred even when someone was trespassing. 

This is because property owners and managers have a responsibility, or a legal “duty,” to make sure people on the property are safe from injury. This involves keeping the property safely maintained and removing or alerting visitors about dangerous conditions as soon as they are known. 

For example, if there is water dripping from the ceiling in a grocery store and a manager is notified but gets distracted and fails to clean up the water or put up a wet floor caution sign, someone who slips, falls, and breaks their wrist may be able to sue the grocery store under the Premises Liability Act. 

The success of a slip and fall lawsuit depends on certain conditions being met. These include: 

• There was a condition that presented an unreasonable or unforeseeable risk of harm 
• The property owner or manager knew, or should have known, about the condition 
• The property owner should have known that people would not realize the risk of harm by themselves 
• The property owner failed to take action, which caused an injury

What Kind of Damages Can I Sue For? 

While the specific damages will depend on the unique situation, generally speaking, the more serious or debilitating the injury, the greater the compensation may be. Injured parties may sue for many things, including but not limited to: 

• Lost wages for time lost at work
• Medical expenses, including rehabilitative treatment
• Pain and suffering 
• Loss of quality of life 
• Punitive damages in cases of gross negligence 

If you have been injured, meet with an attorney before you make any settlement with a company, an individual, or an insurance company. An attorney can help you investigate the cause of the accident and determine whether you may have a case to pursue greater damages than you are initially offered. 

Meet with a Joliet, IL Slip-and-Fall Injury Attorney

While the vast majority of slips, trips, and falls are insignificant, people can be seriously injured when slippery or uneven surfaces are neglected by property owners or managers. If you or someone you loved were hurt slipping and falling, schedule a free consultation with a Will County personal injury attorney to see whether you can get compensation for your injuries. Call the offices of McNamara Phelan McSteen, LLC today at 815-727-0100. 

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

https://www.cdc.gov/injury/wisqars/animated-leading-causes.html