Are Businesses Responsible for Preventing Falls on Their Property?

The use of evidence in an Illinois slip-and-fall case must fall into the form of the cause of action. In this situation, it will normally be a lawsuit for negligence. Therefore, you can use the fact the company was told about the spill, crack in the floor, or other unsafe conditions in order to establish that the company acted unreasonably and did not provide the victim with sufficient care. Even if the company wasn’t told, you can still argue that a reasonable defendant would have figured it out, and the fact that it didn’t suffice to show its unreasonable and negligent behavior. See Thompson v. Economy Super Marts, Inc., 221 Ill. App. 3d 263 (1991).

If you can show that the defendant’s business had knowledge of the unsafe condition prior to your slip and fall accident, then they could be in a precarious position legally. Therefore, it is in their best interest to deny that they had knowledge of the situation. How do they do that? Often, they try and argue that the person someone told about the risk was not a company employee. They might say the recipient was a vendor, contractor, or other unrelated party. They could also claim that the risk conveyed to them was different in size or type than what happened to them. Also, they frequently allege that whoever told them about the spill, crack, or other issue did so after the injury was in focus. Finally, they do just simply deny that they were told about it in many instances.

Many people we speak with ask us about common scenarios for slip and fall injuries in Illinois. This is important because it shows them when they can recover if they are involved in a similar situation. One of the most frequent examples in stores is when visitors slip because of a spilled liquid. Ice in parking lots is also a common culprit of incidents and injuries. Uneven and imperfect floors, especially in developing businesses, often trip up unsuspecting customers as well. As you can imagine, there are more than a million ways slip and fall cases can arise across Illinois. The important thing to remember is that recovery is available to you if you act quickly to protect your rights.

If the store where you slipped and got hurt had prior knowledge about the circumstances of the situation, then this could help you proceed against them for damages in an Illinois court of law. However, it might not be the only party you could pursue for recovery Many times, that store might just be renting from another business. In that case, the landlord might be responsible especially if the injury arose from a building code violation or other structural risk. Additionally, the store where you fell might have insurance coverage for this type of accident, and if that is the case you could be able to proceed against them for reimbursement. The point is that you could be able to seek compensation from multiple parties if you slip and get hurt while at a store. If you work with an experienced personal injury attorney in Illinois, then you will be able to identify every party that is responsible.