Illinois Laws that Might Affect Your Slip and Fall Claim

 Posted on March 25, 2022 in Premises liability

Slipping and falling has the potential to cause serious injuries. While these accidents can be humorous if the person gets up completely unharmed, a slip and fall can also be extremely serious. Older adults, in particular, are vulnerable to suffering broken bones or internal damage when they fall hard on their back. Head injuries are a common risk, as the back of the head is less able to withstand impacts than the front. If you have suffered harm as a result of a slip and fall accident, you may be able to recover damages from the responsible party, whether that is a retail store, a restaurant, or even an individual whose home you fell in. An attorney can offer you further guidance about who could be liable for your injuries and what you claim might be worth.

What Illinois Rules About Slip and Falls Should I Be Aware of?

If you were injured after you slipped and fell, there are a few legal rules that can affect your claim. These rules include:

• Statute of limitations - In Illinois, you have two years to file a lawsuit against the party who was responsible for your injuries. After two years, you can no longer decide to file a claim. This may seem like a long time, but it does go quickly, especially when you are coping with a major injury. Also, the sooner you contact a lawyer and file a claim, the easier it will be to find witnesses, security camera footage, and other evidence that can help your case.
• Comparative negligence - In many cases, the person who slipped and fell is at least slightly at fault for their accident. Slip and falls often happen while a person is distracted, such as by looking at their phone while walking or wearing clearly inappropriate footwear for weather conditions. You can still recover damages if this is the case, but your award could be reduced based on your share of the fault.
• Reasonable knowledge - The owner or operator of the premises where you got hurt must have either known about the slipping hazard and failed to take reasonable steps to prevent an accident, or the situation should demonstrate that they reasonably should have known about the hazard. For example, if a spill in a restaurant happened seconds before you slipped and no employees saw, your claim may not succeed. However, if the staff knew about the spill and did not clean it up promptly, or if it had been there long enough that they should have noticed, your claim is likely to succeed.

Slip and fall claims can be more legally intricate than they appear, and are best handled by a skilled attorney.

Call an Illinois Slip and Fall Lawyer

Quinn Law Group, LLC is committed to helping people who were injured due to someone else’s negligence. Our skilled Glenview slip and fall attorneys will begin gathering evidence to support your claim right away. Call 847-232-7180 for a free consultation.

Sources:

https://www.nlrg.com/hs-fs/hub/79400/file-15661260-pdf/docs/il_statutes_of_limitations.pdf/documents_attorney_writing_samples/il_statutes_of_limitations.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116