Can I Hold a Property Owner Responsible for a Slip and Fall Injury in Illinois?
Slip and fall accidents are much more common than you would think. According to the Centers for Disease Control and Prevention (CDC), there were more than 8 million recorded hospital visits for fall injuries in 2019, making falls the leading cause of emergency room visits. Though it may seem extreme, falls can actually result in serious injuries, like broken bones, traumatic brain injuries or other soft tissue damage. To claim compensation for these injuries, you must be able to prove that the property owner was negligent. This can be a challenging feat, but an Illinois premises liability attorney will be able to help you make that determination
Defining Negligence
There are various definitions to the word “negligence,” but it has a specific definition in the legal world. Illinois law states that negligence occurs when a person fails to do something that a “reasonably careful” person would do. Negligence can also occur in the opposite situation, when a person does something that a “reasonably careful” person would not do under the same circumstances. The law does not, however, provide a definition of a “reasonably careful” person and leaves that to the discretion of the judge and/or jury
How to Prove Property Owner Negligence
A successful slip and fall injury case will be able to prove that the property owner was negligent and liable for your injuries. In these types of cases, you hold the burden of proof and are responsible for proving the negligence of the property owner. To do this, there are certain criteria that must be met before you can make the claim of negligence. Your attorney will build a case to prove each of following:
- A dangerous situation or circumstance existed on the property, which the owner should have known about.
- That situation or circumstance was the reason you slipped and/or fell.
- Your slip and/or fall resulted in an injury or multiple injuries.
- The injuries sustained during the slip and/or fall caused you to sustain losses and/or damages.
Sources:
https://nfsi.org/nfsi-research/quick-facts/
https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/10.00.pdf
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57
