Severe injuries and even death can result from slip and fall accidents. Unfortunately, the elderly are especially vulnerable to life-changing harm after falling on another person’s property. Additionally, slip, trip, or fall accidents can cause severe injuries in older adults, including broken hips, wrists, or arms.
When a property owner or manager fails to warn you or fix hazardous conditions that lead to your slip and fall accident, you could have grounds to file a compensation claim. Schedule a consultation with an experienced Melrose Park slip and fall lawyer to review your case and learn more. A skilled injury attorney could fight for a positive case outcome while protecting your legal rights.
How do Slip and Fall Accidents Occur?
Slip and fall accidents can happen for various reasons, but they do not always occur due to negligence. Likewise, victims of these incidents rarely sustain extreme injuries. However, when the victim is badly hurt, they could file a civil claim against the careless property owner. The following are several conditions the victim might have encountered on the premises:
- Snow or ice creating icy conditions in the parking lot
- Uneven flooring, defective floors, and broken stairs
- Electric cords, torn carpeting, and other tripping hazards
- Spilled liquids and snow or rain people carry in from outside
- Broken or missing stairway handrails
- Potholes or uncovered utility holes
A knowledgeable Melrose Park attorney could answer an injured person’s questions during a consultation and help determine if they have the evidence needed for a slip and fall accident claim.
The Illinois Premises Liability Act
Under the Illinois Premises Liability Act, property owners are responsible for the upkeep of their property to keep guests safe. The Act also provides guidelines for victims to follow after injuries resulting from a slip and fall accident. According to the Illinois Compiled Statutes 740 § 130, the property owner must ensure the premises is hazard-free for all visitors; they must inspect and maintain the property for all guests they invite to the grounds, regardless of the reason.
Although some U.S. state civil laws delegate different visitor types and the extent of the owner’s liability, property possessors have a legal duty to warn all visitors of dangerous conditions until the maintenance is complete.
When landowners fail to adhere to premises liability laws, the court may hold them financially accountable for ensuing injuries. While the landowner does not owe a trespasser a legal duty of care to warn and fix problems to keep them safe, they cannot purposely cause a hazardous condition that might hurt the individual. A seasoned attorney could determine what type of visitor entered the property and help prove liability for the tripping incident.
Recovering Damages After a Slip and Fall Accident
After proving the accident occurred because of the property owner or manager’s negligence, the court may award damages to cover the following expenses:
- The total cost of medical care and ongoing expenses
- Lost wages, benefits, and future earning potential
- Mental and psychological pain and anguish
- Physical pain and suffering
- Loss of the enjoyment of life
The court awards damages to compensate the plaintiff for out-of-pocket expenses and non-monetary injuries they sustain because of the defendant’s negligence. A dedicated Melrose Park attorney could help collect the evidence to prove a victim’s injuries following their slip and fall incident.
Schedule a Consultation With a Skilled Slip and Fall Attorney in Melrose Park
While civil laws do not require the plaintiff to hire an attorney to file a slip and fall lawsuit, seeking legal advice could significantly improve your chances of recovery. The personal injury court process is intricate, and the petitioner must follow the guidelines of the statutes to secure a successful settlement.
Call a Melrose Park slip and fall lawyer immediately after an avoidable accident caused by a negligent property owner. An award could cover the total cost of medical care related to the accident and lost salary while you recover and compensate you for physical and emotional pain.