While trips and falls are commonplace in everyday life, there are times when a person may suffer from severe injuries as a result of a trip or fall. After accidental falls, a person may suffer from a broken bone, head injury or even severe brain damage. Understandably, a person likely wants to know whether he or she has a premises liability claim in these types of cases. Unfortunately, the law is not always so clear cut in premises liability cases involving slip and fall accidents.
If one was a customer at the time of the accident, then he or she will have a greater likelihood of recovery than a trespasser. Owners of property owe customers a duty of reasonable care to inspect a premises for dangerous conditions, as well as to make any necessary repairs for those dangerous conditions. For unknown trespassers, owners of property owe not duty of care to discover dangerous conditions or make necessary repairs. Under Illinois law, the only duty that a property owner owes to a trespasser is to refrain from willfully and wantonly injuring that trespasser. This essentially means that a property owner may not commit intentional torts upon the trespasser, such as assault and battery.
Basically, property owners must ensure that protruding objects do not harm individuals on their premises. If there is a fallen tree limb or protruding piece of wood on a property, then a landowner must do whatever it takes to make that condition safe. Even if the landowner had no knowledge of the dangerous condition, he or still may have held a duty to repair the condition under Illinois law.
If you have been struck by a protruding object, then contact our Illinois premises liability attorneys for help with your case. Our lawyers approach every case with diligence and respect for the client. We are here to support you and handle your case with the utmost professionalism.Examples of Protruding Objects in Accident Cases
Protruding object cases are evaluated under premises liability case law in Illinois. The burden is on the plaintiff to establish a prima facie case for negligence when he or she has been harmed by a protruding object. This means that the plaintiff must prove: (1) a duty owed by the landowner; (2) subsequent breach of that duty; (3) causation; and (4) damages.
There are common types of cases where plaintiffs may be injured by protruding objects. A plaintiff may be struck by a protruding object when he or she slips on a surface, or a plaintiff may simply be unaware of the existence of a protruding object due to poor lighting. Here are some of the other types of cases involving protruding objects:
- Object protruding from a sidewalk, such as tree roots
- Unguarded or covered ditches
- Protruding wood from unfinished basements
- Protruding fixtures in disrepair
- Defective stairs
- Defective railings
- Falling objects, such as ceiling plaster or wood
- Defective furniture
- Attractive nuisance (artificial structure on property that causes injury to a child)
If there were warnings posted as to a defective piece of furniture or other dangerous condition on a property, then a property owner may not be liable. It is important to realize that an owner may not be liable in every case where an individual is injured by a protruding object on a property. Part of the difficult task of an attorney is to determine whether the landowner exercised reasonable care and ultimately upheld his or her duty of care under the law. If you have questions surrounding the injuries that you have suffered from a case involving protruding objects, then please don’t hesitate to get in touch with Illinois premises liability attorneys for the additional help you require.Injuries Arising from Chicago Protruding Object Accident Cases
Some of the common injuries arising from protruding object accident cases include:
- Eye injuries
- Head injuries
- Scraping and cuts
- Fractured or broken limbs
- Fall on a protruding object
Call Illinois premises liability attorneys at Rosenfeld Injury Lawyers today to receive help with your case. Experienced Illinois premises liability lawyers are here to assess your case and determine whether you have a valid claim. If you have suffered from a fall on a protruding object, please get in touch with our attorneys for a free case evaluation today.