Here at 844 See Mike, we are proud to serve the people of Elgin in personal injury cases, including when you or a loved one has suffered an injury or wrongful death in a slip and fall accident, and our fall accident attorneys are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you receive full financial compensation for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services. Contact an Elgin personal injury lawyer for a free consultation today.
Slip and Falls
Slip and falls are among the most common causes of injuries in the United States, and the National Safety Council (NSC) estimates that they lead to nearly 9 million emergency room visits per year. When fall accidents occur, common factors include: the nature of the danger or hazard which caused the accident; whether it occurred on public or private property; whether the incident was indeed an accident (whether the victim contributed to his/her own fall); and whether the property owner knew, or should have known, of the condition or hazard which led to the accident.
While it may be easy to dismiss many slip and falls as minor incidents which require no further action, these falls can cause serious injuries. Common fall accident injuries include:
Traumatic brain injuries (TBIs)
Broken bones
Concussions
Dislocations
Lacerations
Strains and sprains
Spinal cord injuries (SCIs)
Soft tissue injuries
Common Causes
In the United States, falls are the leading cause of personal injury and range from minor (skinned hands and knees) to severe (traumatic injuries, broken bones, and even death). These falls also become more dangerous as individuals get older, which is why nursing homes and hazardous walking surfaces are among the leading contributors to these injuries among senior citizens.
Many slip and fall injuries result from negligence by a third party, and these cases often result in a personal injury lawsuit. Here are a few primary causes of these falls:
Slick or uneven surfaces
About half of all slip and fall accidents are caused by dangerous walking conditions, according to the National Floor Safety Institute. There is a wide range of culprits, including defective sidewalks, wet floors, torn or buckled carpeting, and broken steps and stairs.
Weather
Precipitation is inevitable throughout the year, and property owners have legal duties to keep their premises free of preventable hazards, such as those created by rain, ice, and snow. Pedestrians should be mindful of potholes which become filled with rainwater and nearly turn invisible, for example.
Work-related falls
Construction sites often have a variety of slipping and tripping hazards, including loose cables and wires, unstable temporary walkways, and clutter and debris left in walkways.
Nursing home neglect
By and large, senior citizens have less physical balance than other age groups and are more likely to suffer a serious injury in a fall. Nursing homes which lack adequate supervision or safety measures are likely to be held legally responsible for an injury sustained within the home which could have been prevented.
Sidewalks
The Federal Highway Administration (a division of the U.S. Department of Transportation) asserts that sidewalks are indeed prone to damage from environmental conditions, and maintaining their good condition is part of maintaining all public rights-of-way and their safe access. Sidewalks in poor condition can limit this access and even pose safety risks to pedestrians.
Here are three of the top ten most frequently cited maintenance issues for sidewalks, according to the Campaign to Make America Walkable:
Missing sections, particularly on “key walking routes;”
Severely cracked concrete, holes, rough spots, and indentations as wide as one inch;
Fragments of concrete or building materials and holes/depressions from lost concrete greater than 2 inches in diameter.
Exceptions
However, there are exceptions that could negate a slip and fall lawsuit. A property owner is not responsible for your injuries in situations such as when:
The victim was fully aware of the slip and fall danger;
The property owner was both unaware of the danger and not reasonably expected to foresee it;
The danger was open, obvious, and reasonably expected to be discovered by those who enter the premises;
The danger was created by the victim’s misuse of the premises.
General Negligence
Public places of business, such as retailers and grocery stores, must take certain legal steps to keep their customers out of harm’s way, whether they are nationwide chains, subsidiaries, or locally-owned businesses, and they may be legally responsible when a personal injury was directly caused by a safety hazard. The application of Illinois’s slip and fall laws in premises liability cases is covered by the Premises Liability Act.
Slip and falls in stores have a variety of causes: a customer could fall in the store’s entryway where no “wet floor” sign was present; poorly placed items may fall into an aisle and cause customers to slip or trip; poor lighting in a section of a store may result in poor visibility. While there are countless situations such as these, whether the property owner breached its duty of care to you often depends on whether 1) the store had, or “reasonably” should have had, knowledge of the unsafe condition, and 2) failed to resolve it in a timely manner.
If you’ve been hurt in a slip and fall in a store:
Do your best to record all details while they are fresh in your mind, in addition to seeking immediate medical treatment, if necessary;
Take pictures of where the accident happened, if possible;
Note any factors which contributed to your accident, such as debris, wet floors, or warning signs (or lack thereof);
Get the names of any witnesses of the accident and employees who spoke with you.
The store will not assist with these matters and you will be responsible for the necessary evidence to prove that it is legally at-fault for your accident, which is why it’s essential to consult with an experienced personal injury attorney. You may be entitled to compensation under the Illinois Premises Liability Act, and we are here to help.
Slip and Fall Cases
While some fall accident victims may be tricked by insurers into thinking that immediate compensation can be received with minimal effort, there are multiple burdens for slip and fall lawyers to meet to ensure successful personal injury claims. This includes a “chain of causation,” made of four steps which demonstrate that the defendant was indeed responsible for the plaintiff’s accident. If you’ve been injured in a slip and fall due to another’s negligence, speak with our Elgin personal injury lawyers as soon as possible, and we will establish these links and fight for full and fair compensation. Also, remember that there is a statute of limitations to file your claim, and in Illinois the time limit is two (2) years from the date of the accident. You may only recover financial compensation if your claim is filed within this time-period.
Here are the four links which should be established under personal injury law for a successful slip and fall case:
1) Breach & Hazard
This link can be established by a slip and fall accident attorney in a number of ways and is often the primary focus of a slip and fall injury claim. Fall victims are typically on someone else’s property, which raises questions: was the property inadequately inspected or maintained? Did the property owner fail to warn the occupants of a danger or potential hazard? Was there a hazard which the owner failed to identify or resolve in a timely manner? The property owner’s duty of care, as a legal matter, refers to is his/her legal duty to ensure the safety of guests on the property (assuming they are not trespassing or otherwise legally prohibited from being on the property) and requires them to not only identify and repair unreasonable hazards on the property, but also inform guests that such hazards exist.
2) Hazard & Accident
Expert testimony is sometimes necessary to establish the direct link between the property owner’s negligence and the plaintiff’s accident, such as a defective handrail, inadequate lighting, lack of a “wet floor” sign, or a similar danger. Witness testimony is also highly beneficial for slip and fall attorneys to establish this link.
3) Accident & Injury
For this link, personal testimony and medical documentation are necessary to demonstrate that the plaintiff’s current injuries resulted directly from the accident in question rather than a previous accident, illness, or medical condition. When fall injuries occur but the connection is not clear beyond a reasonable doubt, expert medical testimony may be necessary to properly correlate the injuries in a personal injury case.
4) Injury & Damages
To connect injury and damages, “special damages” such as medical expenses and lost wages may be proven with documentation such as pay stubs and bills, while “general damages” are sometimes more difficult to prove. General damages are often subjective but can be demonstrated with photographs, videos, and personal journals which document the plaintiff’s injuries and lost quality of life during their recovery, and witness testimony – especially from close relatives and friends – is also beneficial for establishing this link in your personal injury claim.
Contact us Today!
If you or a loved one has suffered a personal injury or wrongful death in a slip and fall accident due to someone else’s negligence, you need an experienced fall attorney. Contact 844 See Mike for a free case evaluation. We are a Chicago-based personal injury law firm, and helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance company, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, 844 See Mike works on a contingency fee basis and is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
