If you have slipped and fallen on another's property, including as a tenant in property owned by another, the owner of the property may be liable. That means you may have grounds for a lawsuit against the owner to compensate you for your injuries. Compensation can include medical costs, lost wages, disfigurement and even emotional trauma.
In Illinois, there are several questions that must be answered to determine if you have a viable slip and fall case. Did the owner fail to properly maintain the property? Did the owner create an unsafe condition that caused your injury? Did the property owner know about the unsafe condition? Did the property owner alert you to the unsafe condition? How long was the unsafe condition in that state - enough time for the property owner to be made aware? Were you completely unaware of the hazard?
The reasons for these questions are because, in Illinois, the plaintiff must prove that the property owner either failed to maintain the property or created an unsafe condition AND knew about the hazard or should have known and did nothing to alert you of it, leaving you unaware of the hazard.
For example, a typical slip and fall case would be one in which a shopper is walking through the aisles of a grocery store and slips and falls on water on the floor. The shopper must prove that the grocery store owner failed to maintain the property (clean up the water) or created an unsafe condition (an employee spilled water and didn't clean it up) and that the grocery store owner knew about the condition (the employee was aware) or should have known about it (it was wet and slippery for a long time) and did nothing to alert the shopper (no warning signs, yellow cones, etc).
The law applies beyond places of business. It applies to homeowners and other property owners where the victim may be visiting for social reasons. Also, the law does not just apply to the typical accident due to water on the floor. Any hazard on the property that caused the accident and injury can apply, such as icy sidewalks, broken stairs and defective elevator.
If you have been injured because of a slip and fall on someone else's property, you should first seek medical treatment. Next, keep accurate records and documentation. Keep your medical records and police report, if applicable, organized. Take pictures of the scene. Determine who was there and saw the slip and fall. Determine, if you can, if the property owner was aware of the hazard. All of this information is essential for your lawyer to prove your case.
There are many lawyers in Illinois who specialize in personal injury cases and slip and falls cases specifically. It is important that you find the right one for you - someone who listens to you, understands your case and wants to fight for you to ensure that you are properly compensated. Typically, personal injury lawyers take cases on a contingency basis, meaning if you get nothing, you pay nothing. If you get something, your lawyer takes a portion of it.
Slip and falls can be life changing - a broken hip or other injury can stay with you forever. It is strongly recommended that you hire an attorney who will see to it that you are compensated wholly for the past, present and future.
To learn more visit, http://www.findgreatlawyers.com/2SlipandFall.htm.
Michael Helfand has been an Illinois attorney since 1997 and is founder of http://www.findgreatlawyers.com/IllPersonalInjury.htm the leading resource for Illinois lawyer referrals and legal guidance.
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