Understanding Premises Liability in Slip and Fall Accidents in Illinois
Premises liability refers to the legal responsibility held by property owners or occupants for accidents that occur on their premises. Slip and fall accidents, which can lead to severe injuries, are one common type of incident covered under premises liability law in Illinois. Today, we will aim to provide an overview of premises liability in slip and fall cases in the state, including relevant laws, the establishment of liability, and more. If you slipped and fell on another person’s premises, contact a personal injury attorney to file a claim.
The Process of Establishing Liability
Several key elements must be proven to establish liability in slip and fall cases:
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It must be established that the defendant (property owner or occupant) owed a duty of care to the injured party.
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It must be shown that the defendant breached this duty by neglecting a reasonable standard of care for maintaining their property.
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The plaintiff must demonstrate that their injuries directly resulted from the breach of duty on the part of the defendant
Relevant Laws in Illinois
In Illinois, the Comparative Fault Act applies in premises liability cases. This means that if the plaintiff is found partially at fault for the accident, their compensation may be reduced in proportion to their degree of fault. The Illinois Snow and Ice Removal Act also exempts property owners from liability for injuries resulting from natural accumulations of ice or snow. However, this exemption does not absolve them of any negligence in their duty to reasonably clear or maintain their premises
Potential Defenses
Property owners or occupiers may employ various defenses to counter premises liability claims. They might argue that the plaintiff’s own negligence contributed significantly to the accident or that the hazardous condition was open and obvious, in which case the plaintiff would be expected to exercise reasonable caution. Additionally, if the defendant can prove they took reasonable measures to warn visitors about the dangerous condition, it may reduce or even eliminate their liability
Evidence and Witnesses
In slip and fall cases, evidence plays a crucial role. Photographs or videos of the accident
scene, maintenance records, incident reports, and witness statements can strengthen the plaintiff’s case. Witnesses, such as medical professionals, may also be crucial in establishing causation or proving that the defendant failed to meet the expected standard of care.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2084&ChapterID=58
