Are your injuries the result of a property owner or manager’s negligence in maintaining the grounds that caused your slip and fall or other harm? Retaining the legal services of a competent Chicago area premises liability attorney is essential to resolve your compensation claim successfully. At Rosenfeld Injury Lawyers LLC, our attorneys fight aggressively on your behalf to hold those responsible financially accountable for your harm. Our law firm represents injured victims of a slip and fall injury, animal attack, dog bite, child injury, swimming pool accident, drowning, and others.
How to Determine Fault for Slip and Fall Case
Slip and fall is a legal term used as a basis for personal injury cases when an individual trips or slips and suffers an injury while on another’s property. Typically, these cases include a broad category that encompasses “premises liability” compensation claims. If the incident occurs on property that is maintained or owned by other individuals or companies, the owner of the property is usually legally liable.
Many factors can lead to a premises liability claim for compensation including dangerous conditions like uneven surfaces, torn carpeting, narrow stairways, poor lighting, and slippery wet floors. If the incident is a result of a cracked or broken public sidewalk or caused by hidden hazards like ice under snow or water-filled potholes, a federal, state or municipal agency might be at fault for the accident.
Proving a Case
It may be difficult to draw a direct correlation between a slip and fall incident and the property owner’s legal responsibility. Because of that, the courts require that the victim prove three basic elements of their case to qualify for compensation. The plaintiff (the injured victim), or his or her attorney, must establish how the property owner, property manager or possessor of the property knew, or should have known, that hazard condition existed and yet failed to take appropriate measures to correct the dangerous situation. Individually, each element involves:
- The possessor or owner of the property created the hazardous condition through a lack of care;
- The owner or possessor of the property knew, or should have known that the condition existed and still failed to take corrective action (negligence); and
- The dangerous condition existed for a length of time that the hazard should have been discovered by the owner or possessor of the property who would have had time to correct the problem before the incident occurred.
To be held legally liable for the problem, the defendants in the case must have foreseen that their negligence in failing to maintain a safe environment would create a hazardous issue.
Holding Property Owners Accountable
An attorney building a case for compensation based on premises liability will consider all owners, individuals, and entities that might be at fault for all or a portion of the incident. These include:
- Commercial Property Owners – Luxury boutiques, retail shops, restaurants, bars, lounges, nightclubs, apartment buildings, offices, and other commercial property owners can be held legally responsible for any injury that occurs on the premises. Typically, the courts determine liability based on common sense and reasonableness of keeping a property safe.
- Residential Property Owners – Families and landlords can be held legally responsible for an injury of another person occurring on their property if they had control over the premises and failed to repair any hazardous condition or barricade the dangerous area away from use like a missing fence around a swimming pool.
- Government Property – Specific rules dictate how an individual that is injured on government property can seek financial compensation for their damages. Federal, state and local governments have broad immunity provisions and strict notice requirements that make it challenging to seek financial compensation. However, some personal injury attorneys specialize in government property lawsuits and can build a solid case for financial compensation to ensure their injured client receives adequate compensation.
If you or a loved one was severely injured in a slip and fall incident while visiting, working or a guest on another’s property, you likely have the legal right to file a claim for monetary compensation. However, the plaintiff must file their case before the Illinois statute of limitations expires. Because of that, it is essential to speak with an attorney as soon as possible.
About Chicago’s Magnificent Mile
Located along upscale Chicago’s Michigan Avenue, the Magnificent Mile (Mag Mile) runs from Oak Street to the Chicago River just east of Rush Street adjacent to downtown. In the 1940s, renowned Chicago area real estate developer Arthur Rubloff gave the community its nickname. This neighborhood is home to popular landmarks including the Tribune Tower, The Drake, Intercontinental, Wrigley Building, and the Chicago Water Tower.
The community is rich with upscale restaurants, department stores, commercial and residential buildings, luxury retailers, hotels, and financial businesses providing services to affluent residents and tourist. The retail establishments in the Mag Mile neighborhood include Neiman Marcus, Bloomingdale’s, Nordstrom’s, Saks Fifth Avenue, and Barney’s New York. Major hotels in the area include the Conrad Chicago, Omni Chicago Hotel, The Peninsula Chicago, Ritz-Carlton Chicago, Four Seasons Hotel, Westin Michigan Ave., and Knickerbocker Hotel.
Magnificent Mile Contact Information
Ward 2 Aldermen Brian Hopkins
1400 N. Ashland
Chicago, IL 60622
Ward 3 Alderman Pat Dowell
5046 S. State St.
Chicago, IL 60609
Ward 4 Alderman Sophia King
435 E. 35th Street
Chicago, IL 60616
Ward 25 Alderman Daniel S. Solis
1645 South Blue Island Ave.
Chicago, IL 60608
Ward 28 Alderman Jason Ervin
2602 W. 16th St.
Chicago, IL 60612
Ward 27 Alderman Walter Burnett, Jr.
4 N. Western Ave.
Chicago, IL 60612
Ward 42 Alderman Brendan Reilly
325 W. Huron St.
Chicago, IL 60654
The Magnificent Mile Association
625 North Michigan Avenue, Suite 401
Chicago, Illinois, 60611
Italian American Chamber of Commerce
500 N Michigan Ave
Chicago, IL 60611
American - Israel Chamber of Commerce
203 N La Salle St
Chicago, IL 60601
Building a Case for Compensation
Individuals seeking financial compensation from a property owner or possessor after slip and fall incident must build a solid case to claim compensation for their damages. An attorney working on behalf of the victim will follow the “Standards of Care” that a reasonable individual would follow under similar circumstances. To build the case and ensure financial compensation for the client, the attorney will determine points of fact that include:
- The length of time that the defect, hazard or dangerous condition was present on the site before the accident occurred;
- The types of activities performed on the premises every day to ensure it remains safe for visitors, guests (invitees) and workers;
- Identifying any legitimate reason existed that would have caused the hazard, object, debris or dangerous condition to exist at that location;
- Identifying any legitimate reason that a slippery surface was present at the scene of the accident that was not the result of carelessness or clumsiness;
- Identifying any accident victim who was a trespasser on the premises and their age (special rules apply when children trespassed and are injured on the property) when the accident occurred.
Victims handling the case on their own without legal representation must often answer the questions above asked by an insurance company or claims adjuster before issuing a settlement check.
Why Hire Rosenfeld Injury Lawyers LLC
If you have been injured or lost a loved one through a slip and fall or preventable hazardous condition, you likely have the right to file a compensation claim or lawsuit to recover your damages. The premises liability attorneys at Rosenfeld Injury Lawyers LLC can help you pursue justice and obtain monetary recovery for your injuries and losses. We will provide you free initial consultations to discuss your case and will offer numerous legal options on how to proceed.
Contact us today by calling (888) 424-5757 or fill in the online intake form now to schedule an appointment. We accept all personal injury, premises liability, slip and fall, and wrongful death lawsuits through contingency arrangements. This agreement allows us to provide immediate legal services without the need of an upfront retainer or payment.