Premises Liability

Experiencing a slip and fall accident is a very common occurrence; in the United States, slip and fall accidents are the number two leading cause of injuries (auto accidents are number one). These types of accidents can result in minor injuries, such as bumps and bruises, or serious injuries, including broken bones or injury to the spinal cord. Slip and fall accidents are also the number one cause of accidents in homes, hotels, restaurants, and public buildings, meaning the likelihood of having this type of accident on another person’s property is extremely high. Dangerous conditions that can lead to a slip and fall include: poor lighting, torn carpeting, wet floors, cracked sidewalk, or a hidden hazard such as a pothole.

As slip and fall accidents typically occur on another person’s property, the owner or possessor of the property may be held legally responsible for any injuries that occur as a result of his or her negligence. In order to successfully win a slip and fall claim, a person must prove that a dangerous condition caused the accident and that the owner or possessor of the property was aware of the condition. In order to establish that the owner was aware of the condition, it must be shown that:

• The owner or possessor created the condition;
• The owner or possessor knew the condition existed and failed to fix it; and/or
• The condition existed for a reasonable enough length of time that it should have been discovered by the owner or possessor and corrected in order to prevent the slip and fall.

To hold a property owner or possessor of a business (such as a store or restaurant) legally responsible for a person’s injuries suffered from a slip and fall, it must be also shown that:

• The owner or possessor should have known about the hazardous condition because a “reasonable” person taking care of the property would have discovered and repaired it; or
• They must have caused the unsafe condition and did nothing about it.

Slip and fall accident cases can be very difficult to win, and the business will likely have an aggressive insurance company doing everything they can to show the accident was not the fault of the property owner. The premises liability attorneys in Chicago with the Bradley Law Firm will be your advocate throughout your slip and fall case and protect your legal rights to ensure you receive the compensation you deserve. Please call (312) 252-1488 for a free consultation.

The issue of who is to blame when a person is injured on the property of another can become complicated. Premises liability laws in Illinois are in place to protect victims injured on the property of a negligent owner.

In general, it is the responsibility of property owners and managers to establish a safe environment for visitors and other entrants to the property. This means that the property is maintained and repaired in a timely manner and kept in an overall clean and properly-functioning order. Most Illinois accidents on property occur because a property owner does not fulfill these responsibilities.

Common causes of Illinois premises accidents may include wet or otherwise slippery floors, broken steps, upturned floor tiles, uneven elevator landings, uneven pavement, and poorly lit pathways. If a property owner is aware of the hazards on their property but does not take the necessarily steps to repair or isolate them from visitors, they increase the risk of an Illinois injury accident on their property, thus opening themselves up for a premises liability lawsuit.

Illinois law specifies in which situations a property owner may be held liable for injury accidents on their property. For example, according to the Premises Liability Act of Illinois (740 ILCS 130/), “[the] duty owed [by a property owner] to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them…The duty of reasonable care…does not include any of the following: a duty to warn of…or take reasonable steps to protect such entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant;…”

If you have been injured on another’s property due to the careless or negligent maintenance of said property by the owner, the knowledgeable Chicago premises liability lawyers at The Bradley Law Firm can determine the validity of your claim and advise you the best course of legal action. Contact us today at 312-252-1488 for a free consultation.