Yes. If you are invited to someone’s home and you slip and fall, then you might be able to sue that person for your injuries and damages. Both residential and commercial premises owners owe duties to the people that they invite over and can be liable if they breach those duties.
- What Duty Do Hosts Owe Those On Their Property?
- What Don’t Hosts Have To Do For Their Guests?
- What If I’m Shopping At A Store And Slip And Fall?
- What Do I Need To Do To Sue Someone For A Slip And Fall Accident In Illinois?
- What Are The Elements Of An Illinois Slip And Fall Case?
- Do You Have Additional Questions About An Illinois Slip And Fall Case?
What Duty Do Hosts Owe Those On Their Property?
Many people that get hurt in slip and fall accidents in Illinois wonder if they can seek recovery if they were guests at a friend’s or acquaintance’s home when it happened. The simple answer is yes. Even though the occasion may have been friendly and the situation may have congenial, that doesn’t mean you sacrifice your rights. The key to focus on is how it happened. All hosts across Illinois owe invitees reasonable care. See Bremer v. Leisure Acres-Phase II Housing Corp., 363 Ill.App.3d 581 (2006); see also 745 ILCS 75/1 & 745 ILCS 75/2. This duty might require them to warn guests of certain dangers and even act to remediate unsafe conditions. If they don’t do this, and you are injured in a slip and fall accident, then you can sue them.
What Don’t Hosts Have To Do For Their Guests?
Now, you understand that guests have the obligation in Illinois to afford their guests with reasonable care. This places affirmative duties but it does not require them to protect you against every danger lurking on the premises. Here are some things that hosts are excepted from doing as set forth in 740 ILCS 130-2:
- Warn guests or take steps to protect such guests from conditions on the premises that are known to the guests, are open and obvious, or can reasonably be discovered by the guests;
- Warn guests about latent defects or dangers unknown to the host or occupier of the property;
- Warn guests about dangers resulting from misuse by the guests of the property or anything attached to or located on the property; or
- Protect guests from their own misuse of the property or anything attached to or located on the property.
As you can see now, while hosts must do a number of things for their guests, they also don’t have to do many others for them. Knowing the difference between the two can help you better understand your rights to recovery in Illinois slip and fall cases.
What If I’m Shopping At A Store And Slip And Fall?
You might also be invited into a business or store. Here too you are owed a standard of care that is reasonable and adequate for the circumstances. Again, you don’t forfeit your protections by accepting the invitation. Additionally, in commercial settings, your ability to sue might even be greater than in residential settings because businesses are responsible for all of their employees and the entirety of their sprawling premises. This can open them up to even more liability. However, no matter where you were invited to, focus on how you slipped and fell and if the host’s care for you was reasonable. This will answer whether or not you can sue the person or entity that invited you.
What Do I Need To Do To Sue Someone For A Slip And Fall Accident In Illinois?
Moving beyond whether or not you can sue a host for slip and fall incidents in Illinois, it is worth mentioning the process you will engage in if you do so. First, you need to conduct an extensive factual investigation and legal analysis of your case. Second, you need to compile this information into a complaint listing your injuries, the offensive conduct, and your right to recovery. Third, you need to combat the defendant’s arguments and convince the jury that you are still entitled to compensation. Illinois slip and fall cases are just one kind of premises liability litigation and you can learn a lot about the former by studying the latter. This is no easy task but it is easier with experienced counsel at your side.
What Are The Elements Of An Illinois Slip And Fall Case?
The dynamics of any case will turn on the specific elements of the cause of action, especially fact-intensive suits like slip and fall incidents. Therefore, having a handle on the elements of your Illinois slip and fall lawsuit will allow you to predict success and track progress. Here are the points you must make:
- The property owner owed you a duty of care as you were a licensee or invitee;
- The property owner breached that duty;
- You slipped and fell and suffered injuries; and
- The defendant’s breached caused your descent and harms,
This is the cut and dry. Out of all of the thorny factual and legal questions, you must find answers to these particular elements.
Do You Have Additional Questions About An Illinois Slip And Fall Case?
Rosenfeld Injury Lawyers is committed to securing the most favorable recovery for people injured in Illinois slip and fall cases. As with all of our personal injury cases, we work on a contingency fee basis where there is only a legal fee charged when there is a recovery for you. Contact Rosenfeld Injury Lawyers today and begin the process of getting the compensation that you deserve.
For additional information on slip and fall injuries, see the following pages: