Falls can happen to anyone at any time, and although many result in minor injuries, some falls can cause serious injuries and property damage.
A property owner is responsible for keeping their land reasonably safe for visitors. When they negligently fail to do so, they could be liable to pay compensation to anyone who falls. If you have suffered injuries or other losses from a fall that occurred on someone else’s property, you should retain a skilled injury attorney. A Fulton Market slip and lawyer could help you get the compensation you deserve.
The Injured Person Must Prove Negligence
The area of law that makes property owners responsible for the safety of people they invite onto the land is called premises liability. 740 Illinois Compiled Statutes §130/2 requires the occupiers of property to take reasonable care to ensure the safety of visitors. An “occupier” of property might be the owner, but it could also be the company that leases a store in a shopping plaza, a construction firm that controls access to a site, or the lessee of an apartment.
When a person who suffers losses after a fall seeks damages from the occupiers of the property, the injured person must prove the occupiers were negligent by failing to take reasonable steps to discover and correct unreasonably dangerous conditions. The individual must then demonstrate that the hazard caused their fall and that they suffered actual losses, which a Fulton Market attorney could help with.
Occupiers do not need to warn about obvious hazards or inspect the land for dangerous conditions they have no reason to anticipate. Finally, the obligation to keep premises safe applies only to legal visitors. Someone who is trespassing generally cannot hold an occupier or owner responsible if they slip and fall.
Common Hazards that Cause Falling Accidents
Many conditions might lead to a fall, and property owners and occupiers must be vigilant about correcting dangerous conditions as soon as possible.
Some, but not all, potential hazards that might lead to a fall include:
- Loose railings or banisters
- Spills or debris on the floor
- Inadequate lighting
- Ice or puddles on sidewalks or outdoor walkways
- Warped or missing floorboards or tiles
- Damaged or uneven steps
- Electrical cords that are not flush with a wall
A Fulton Market lawyer could investigate the circumstances of an incident to determine whether a condition that led to a slip and fall was unreasonably dangerous and whether the occupiers took adequate and timely action to correct it.
Delay Could Prevent Recovery
Every state limits the amount of time an injured person has to file a lawsuit seeking damages. Illinois offers an injured person two years from the date of their accident to bring a lawsuit. A failure to file suit within the statutory time frame could prevent a plaintiff from seeking redress for their injury.
When a fall happens on government property, an injured person must either file a lawsuit or notify the state or local government of their accident within one year. If the plaintiff’s attorney files the required notice on time, they still must file a lawsuit within two years of the injury. A plaintiff who does not either file a lawsuit or provide the required notice within one year of their injury loses the right to pursue any claim against the responsible local government.
Trust a Fulton Market Attorney to Handle Your Slip and Fall Claim
Recovering from an injury can be stressful, especially while trying to get an insurance company to pay you a fair amount for your medical expenses, lost time at work, and pain and suffering. To help with the process, it is a wise decision to allow a professional to handle negotiations with the property occupier’s insurer while you focus on healing from your injuries.
Working with a seasoned advocate could make your road to recovery much smoother. Schedule a consultation with a Fulton Market slip and fall lawyer as soon as possible after your injury.