Elgin Slip and Fall Lawyer
It could be hard to know if you have a financial compensation claim if you were injured in Elgin by a slip and fall accident.
The law never requires that the property owner be responsible for injuries caused by slips and falls on their premises. However, there are circumstances when an owner could be held liable for such accidents.
A personal injury claim is not always easy to prove for financial compensation for the victim's expenses, medical bills, pain, and suffering.
However, The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, understand that there are certain instances where victims can seek compensation for their damages through a personal injury claim.
Call an Elgin personal injury attorney at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with your slip and fall attorneys remains private through an attorney-client relationship.
Slip and Fall Statistics
According to the CDC (Centers for Disease Control and Prevention), slip and fall accidents are a leading cause of serious personal injuries in the United States. Statistics show an average of over 780,000 emergency room visits due to slip and fall accidents annually.
The National Institute of Health reports that falls are the leading cause of injuries in seniors. Statistics show that every 15 seconds, one person over the age of 65 is hurt because of a fall.
A mass study conducted by Nationwide Insurance shows these statistics may be higher since slips and falls are sometimes not reported or incorrectly documented for insurance reasons.
Types of Slip and Fall Accidents
Slip and fall accidents are usually considered an accident where somebody slips, trips, or accidentally falls. This type of accident can happen in a variety of locations such as:
- Retail stores
- Commercial buildings
- Schools (indoor and outdoor)
- Nursing homes
- Medical centers
They may also occur in other types of public spaces such as:
- Bus stops and subway stations
- Public transportation
For injured victims to win Elgin slip and fall claims, the property owners do not have to be negligent for an injury or accident. However, if factors contributed to an individual's fall or accident, the owner may be held responsible.
Typically, the slip and fall cases are highly complex, or proving negligence can be challenging. However, our Elgin slip and fall lawyers can provide our Illinois clients with numerous legal options on how to proceed.
Common Causes of Slip and Fall Accidents in Elgin
Accidents can occur anywhere, sometimes forever changing the lives of the unfortunate victims. Therefore, it is important to hold property owners accountable when their actions contribute to the catastrophic result.
When determining whether a property owner, management company, or employer is responsible for an accident, we consider what reasonable actions others would take in a similar situation.
Following are some examples of slip and fall cases where the property owner or employer may be held liable:
- Failure to remove snow or ice: During inclement weather, the property owner's responsibility is to clear sidewalks leading into the building and plow parking lots so that tenants and guests can walk into and out of the building without fear of hitting a patch of black ice.
- Failure to provide adequate lighting: People deserve to see where they are going, and property owners must ensure that hallways, staircases, entrances, and exits are all well-lit so that guests can see if there are objects in their way which could pose a hazard.
- Failing to maintain sidewalks and pavement: Potholes, uneven pavement, and other defects resulting from the failure to regularly maintain the pavement and sidewalks contribute to an accident.
- Poorly maintained guardrails: Failure to correctly install or inspect guardrails has contributed to some falls from balconies and other elevated structures. Property managers must make sure that balconies are properly equipped and that the rails are regularly repaired.
- Slippery floors: Maintenance staff is required to mark off areas that have recently been mopped or are wet due to the accumulation of water from turbulent water or maintenance issues. Without warning indicating that floors may be slick, guests might be injured.
- Workplace slip and fall accidents: Many of the hazards that result in premise liability claims are also present on the job. Employers are required to minimize the risks to employees wherever it is reasonable, including a warning of hazards, keeping workspaces free of clutter, and maintaining guardrails and other protective devices.
Illinois Premises Liability Act
The state legislature enacted the Illinois Premises Liability Act so that property owners would meet their duty to protect their guests and tenants from injuries on the property.
There are two general types of accidents covered under premises liability:
- Slip and fall accidents
- Other types of accidents due to defective or dangerous conditions on the property, such as defective stairs, unsecured balconies, or surfaces that are prone to slipping
The first type of accident - slip and fall accidents - is defined as harm sustained on another person's property. The property owner must take reasonable steps to maintain the premises safe for guests, tenants, or visitors.
The law provides a legal remedy for injured victims in a slip and fall accident when property owners do not take steps to keep their premises safe. It includes damages sustained on public or private property such as:
- Store and restaurant floors with pools of water, slippery surfaces such as spilled liquids, gum, and other foreign substances
- Showers without adequate traction in hotel rooms
- Uneven sidewalks where the height difference is greater than 1/2 inch
- Loose handrails, stairways, and doors that lead to falls from the second story or higher
- Parking lots with non-working lighting
However, to prevail in a premises liability claim under these circumstances, the injured person must prove that the property owner failed to maintain the property adequately.
In addition, there was some negligence involved in the accident. Finally, the injured party must prove hazardous conditions and a failure to warn entrants who use reasonable care to be on the property.
It is usually accomplished through an inspection of the property by an expert witness specializing in premises liability cases.
There are also circumstances where people fall due to defective or dangerous conditions on other people's property, which can include:
- Failure to repair a broken stairway
- Failure to repair a broken handrail
- Uneven treads on stairs present an unreasonable risk of falling
- An open trench or unprotected maintenance hole poses an unreasonable risk of injury because people are unaware of the danger posed to them
The Illinois Premises Liability Act sets out specific guidelines for someone who may walk past a hazard and fall or slip. In addition, property owners must inspect their property regularly to identify any potential hazards and take steps to correct them.
What If the Owner Didn't Know There Was a Dangerous Hazard?
Suppose the owner does not discover the defect in his property. In that case, he can still be held accountable for any injuries sustained by people who may walk past the hazardous condition on the property, such as:
- People who visit the property regularly
- People who use the property for business purposes
- Tenant negligence in premises liability claims
Should injuries sustained on the property result from tenant negligence, it becomes more difficult to hold the landlord responsible. Injury victims must prove that their injury was caused by an unreasonably dangerous condition, which existed for a period that the landlord should have known.
The other type of accident covered under premises liability claims is accidents due to defective or dangerous conditions on the property. Again, the injured person must prove that the owners knew the hazard yet did nothing to correct it.
Types of Injuries That Might Occur During an Elgin Slip or Fall Accident
We've handled thousands of slip and fall claims and know how suddenly an injury can change your life. Even if you can recover, the time and effort it takes to go through rehabilitation can create unneeded stress without worrying whether you will be able to support your family while unable to work.
Following are some of the common injuries we have encountered.
- Nerve damage: While bones, muscles, and skin can all heal following an injury, nerve damage is permanent and may cause the loss of feeling, shooting or sharp pains, limited motor function, and partial paralysis. Since there is no way to regenerate or repair damaged nerves, the impact of these injuries stays with the victim for the rest of their life.
- Traumatic brain injuries: Blunt trauma to the head can cause permanent brain damage over time, and the symptoms may not surface for weeks or months following the incident. Common complications include neurological disorders and the loss of cognitive function.
- Fractures: Broken bones are an unsurprising result of slips and falls because of the toll that an impact with a hard surface can have on the body. The severity of the break and the treatment required to repair it can vary depending on the location and type of fracture.
- Spinal cord injuries: While fall accidents to the lower extremities generally result in leg and foot fractures, falls to the upper body can cause spinal cord damage. The result of this type of injury ranges from compression or disruption of the nerves that control bowel and bladder function to paralysis and even death.
- Soft tissue injuries: In addition to bones, soft tissues are also injured in accidents. It includes ligaments, muscles, tendons, and skin. These injuries are often the most painful because they take the longest to heal but may not be broken or require surgical repair.
- Death: When someone dies due to the actions of a negligent property owner or employer, their family has the right to take legal action to hold the responsible party accountable.
Workers' Compensation Claims
Certain types of accidents that occur on government property can also qualify for workers' compensation benefits, which cover medical bills and lost wages that you might still have to pay even if you win your case in court.
These are only some of the injuries that can occur in slip and fall accidents. If you have fallen due to a hazard on someone else's property, contact us today for a free consultation with an experienced personal injury attorney who will let you know if filing a claim is right for you.
How an Elgin Slip and Fall Lawyer Can Help
The Elgin slip and fall accident attorneys of Rosenfeld Injury Lawyers LLC fight for the rights of those who have been hurt because of negligent property owners or employers; whose irresponsible actions have threatened the public's safety.
A property owner or other party, like a tenant, has a duty of care requiring maintaining their premises that ensures the safety of all permitted on their property.
If you have been injured, our law firm can help you recover the financial losses through the compensation you need to cover the cost of your medical expenses, lost wages, out-of-pocket expenses, and pain and suffering.
Filing a Wrongful Death Lawsuit Against Property Owners and Nursing Homes
Surviving family members have the legal right to seek financial compensation if they lose a loved one through another's negligence, including fatal injuries from a slip and fall accident.
Under the law, any individual who has lost a loved one due to wrongful conduct should have the right to seek many different types of damages, including loss of support, loss of companionship, funeral expenses, medical expenses, and punitive damages.
Typically, qualifying family members who could file an Elgin slip and fall accident lawsuit include surviving spouses, children, parents, grandparents, and siblings of the decedent.
Are you considering filing a wrongful death claim because someone's negligence caused the accident that resulted in your parent's death?
If so, the Elgin wrongful death lawyers at Rosenfeld Injury Lawyers LLC can help you assert your right to this compensation due to the fatal slip and fall injuries.
Your initial consultation with an experienced attorney is free and conveniently scheduled in the comfort of your own home or office by calling (888) 424-5757. Your slip and fall attorney will fight for every dollar that you are entitled to recover.
Workplace and Construction Accidents
Slip and fall accidents occur in workplace settings, where employees, visitors, and guests are subject to slippery surfaces, working at heights, and other dangerous conditions.
Construction sites are very dangerous working environments, where fall hazards are abundant, and the threat of serious injury or death is always present. Suppose you have been injured in a slip and fall accident at work or in a construction setting.
In that case, our workers' compensation attorneys can help you secure the benefits that you need to recover from your injuries and move forward with your life.
Some construction accidents caused by another's negligence while working in hazardous conditions could include:
- Working on ladders and scaffolding
- Loading docks
- Break rooms
- Service elevators
- Cranes and machinery
- Electrical wires or other energy sources could cause electrocution if exposed to water
If you have been injured in a construction accident, no matter how minor the injury may seem, call us today for a FREE consultation at (888) 424-5757. It pays to be careful.
As you can see, many different types of accidents may fall into this category, even though not all personal injury claims involve a "slip and fall" accident.
Our Elgin Slip and Fall Injury Lawyers Will Fight on Your Behalf
If you have been injured in an accident, Rosenfeld Injury Lawyers LLC would like to invite you to arrange a free consultation with one of our slip and fall attorneys so that you can learn more about your rights and options.
We have helped thousands of people just like you and guarantee that we will produce results—or our services are entirely free of charge.
Call a Cook County slip and fall attorney at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation to discuss your slip and fall injuries.
Speak with an award-winning Elgin slip and fall accident attorney so that we can gather the information we need to get started on your personal injury claim.
Once your Elgin slip and fall lawyer investigates the claim, they can let you know more about your available legal options so that you can decide best how to proceed on a contingency fee basis.