Can I Receive Compensation for Injuries in a Slip and Fall Accident?

 Posted on November 18, 2020 in Premises Accidents

Falling down after losing one’s footing on a sidewalk, floor, or walkway may seem like a minor incident, but in reality, slip, trip, and fall accidents can lead to a variety of serious injuries. The impact with the ground may lead to broken bones, including fractured wrists, hips, or kneecaps. Victims can also suffer dislocations of joints such as wrists, shoulders, knees, or ankles, or they may experience painful sprains and bruises. In especially dangerous cases, such as a fall from a higher level to a lower level, a person may suffer traumatic brain injuries, spinal cord injuries, or even wrongful death.

Victims of slip and fall accidents may be able to pursue compensation for their injuries and damages through a premises liability lawsuit. In these cases, a property owner or the tenant in control of a property may be held responsible for injuries that occurred because of their negligence.

Elements of a Premises Liability Case

To pursue compensation through a personal injury lawsuit, a plaintiff will need to demonstrate the following:

• The defendant owed a duty of care to the plaintiff. Property owners have the responsibility to maintain safe premises and take reasonable measures to protect the safety of those who are legally allowed to be on the property.
• The defendant failed to meet their duty of care. This can occur if a property owner failed to correct a hazard that they knew about or should have known about or failed to provide adequate warnings to prevent visitors from suffering harm due to a hazard.
• The defendant was directly responsible for the plaintiff’s injuries. A plaintiff will need to show that a property owner’s failure to address hazards led to their injuries. For example, injuries in a fall may have occurred because a property owner did not provide warnings about a slippery floor or did not repair a damaged sidewalk. Notably, Illinois law states that property owners can only be held liable for slip and fall injuries on snow or ice if the hazardous conditions occurred because of “unnatural accumulations” of snow or ice.
• The plaintiff suffered damages due to the defendant’s negligence. A slip and fall accident must have led to measurable damages, such as medical bills, loss of income, or physical or emotional pain and suffering. A plaintiff can seek financial compensation for all damages related to their injury.

Contact a Kane County Premises Liability Attorney

If you have suffered a slip and fall injury, Kinnally Flaherty Krentz Loran Hodge & Masur, PC can help you determine whether you can pursue compensation from the owner of the property where your accident took place. We will fight to make sure you are fully compensated for all of the damages you have suffered. Contact our Aurora slip and fall injury lawyers today at 630-907-0909 to arrange a free consultation.

Sources:

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

https://courts.illinois.gov/court/CircuitCourt/CivilJuryInstructions/125.00.pdf