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.