Slip and fall accidents are when there is a slick surface or object that causes a person to slip or trip, fall, and injure themselves on someone else’s property. This is a fairly common type of premises liability accident that can result in anything from bruising to a broken hip to brain hemorrhaging. Liability for the accident can fall on the property owner and/or whoever was responsible for the condition that caused your injuries. However, there are several factors that go into a slip and fall case.
At Agruss Law Firm, LLC, we have helped thousands of clients to seek justice and compensation for personal injuries, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has been injured in a slip and fall accident due to negligence, contact our office today for a free consultation.
Slip and fall accidents can result in a wide range of injuries, depending on the severity of the slip or slickness and the ground beneath. Some injuries include the following:
In order to prove that the property owner is liable for your injuries from the slip and fall, you must prove a few key aspects. First, you must prove that a duty of care existed between yourself and the property owner. If you are an invitee or licensee on their property, you must prove so since those types of entrants are afforded the highest duty of care. This means ensuring the invitee’s or licensee’s safety and providing a safe environment.
Second, you must prove that that duty of care was breached. In other words, that the property owner was negligent, which we will speak about in the next section.
Lastly, you must prove that the breach of duty inflicted injury and made you suffer actual damages. You should be able to prove things such as you rightfully being where you were at the time of the accident, that you acted reasonably and could not have reasonably foreseen the risk, and more. You can prove your damages with your medical records and bills, pay stubs to prove your lost wages from being kept from working, personal testimony, and much more.
After a slip and fall case, you should first seek medical attention to treat any possible injuries that may have occurred. After that, you should speak to an attorney about the possibility of a viable case to pursue against the property owner. The viability depends on if you can prove that negligence occurred. There are a few aspects of this to consider when deciding if you have a valid case against a property owner in a slip and fall case.
First, you should be able to establish that the property owner created the condition. Then, the property owner knew about the hazard and negligently failed to address or correct it. And lastly, you should be able to establish that the hazard existed for an excessive amount of time (subjective) to where the property owner should have discovered or knew about it and addressed it with a warning sign or a thorough cleaning and/or drying.
Some questions that are important to ask to establish that the owner did not act in a reasonable manner are: is there a policy for removing hazards or a reasonable time period that should be removed? How long was the hazard there? Once you and your attorney can safely conclude that the owner was negligent by not addressing the hazard in a timely and safe fashion, you will likely have reasonable grounds to pursue a claim.
In Illinois, we use the rule of comparative negligence. It essentially dictates that a party can be completely at fault for an accident, or partially at fault. For instance, the formula may determine that the property owner was 80% liable for the accident. After winning your case, you can be compensated for each and any damages that resulted from the accident. Some damages include the following:
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, email us at [email protected] or schedule a meeting with us here. We’re here 24/7.
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