The Legal Duty to Maintain Property
When you walk into the home of another person, you are likely a social guest and expect to enjoy time catching up. Social guests don’t anticipate that they may become victims due to dangerous conditions on an owner’s property. Uneven surfaces account for a typical accident that many social guests now encounter when they visit the home of another. Whether you are entering a home as a social guest or a public place as a customer, you should be aware that a property owner owes you a duty of care to maintain that property in a safe condition. You are owed this duty of care under Illinois negligence laws, and a failure to properly maintain a property may mean that you can recover damages.
A fall on an uneven floor can easily cause a person to suffer severe injuries. It is easy to slip, trip, stumble, fall or be harmed on an uneven surface. In many cases, it is difficult to see a difference in elevation of a surface if you are not the owner of that property. Customers and other visitors to stores and businesses often have no way of knowing the condition of an uneven surface that leads to their injuries.
If you have been injured on an uneven surface in a private home or public place, then you may have individual legal rights to recover compensation for your injuries from the owner, tenant or maintenance company of the property. Please feel free to contact Illinois premises liability attorneys at Rosenfeld Injury Lawyers today to further discuss your claim. We can help resolve your legal issues promptly and with the utmost diligence and respect.
Causes of Uneven Floor Accidents
Property owners have a duty under the law to make repairs needed on a property. This responsibility also requires them also to make regular inspections of their property to see if conditions must be repaired. Even if a property owner was not aware of an uneven surface at the time of the accident, he or she might still be liable. This is because Illinois’ Premises Liability Act imposes a legal duty of care on property owners to repair conditions that they should have known would present a danger to the public.
Often, uneven floor accident cases are heard before a judge or jury. The judge or jury will need to assess the facts of the case to determine whether the property owner should have known that a condition presented a danger to the public. The fact finder is also charged with the task of assessing whether a property owner acted as a “reasonably prudent person” under the same or similar circumstances. If a property owner had made previous repairs on a wooden floor with a tendency to become uneven, then this would likely put the owner on notice that constant repairs were needed for this surface. If a subsequent visitor was injured on this surface, then the property owner would likely be liable for his or her injuries.
Here are some of the common causes that can lead to uneven floor accidents:
- Failure to properly maintain floors
- Ignoring conditions that need repair
- Growth of tree roots under sidewalks and other walking areas on a property
- Cracked sidewalks, driveways and other surfaces
- Poor construction of the property
- Owner’s negligence in failing to warn a visitor as to a known uneven surface
Damages Available in Uneven Floor Accident Cases
A single fall on an uneven surface can lead to severe injuries. Here are some of the injuries that a person can suffer from an uneven floor accident case:
- Severe back injuries
- Spinal cord injuries
- Nerve damage
- Broken bones
- Pelvic bone and hip injuries
- Brain damage
Injuries following an uneven floor accident can also be costly. A victim should not be expected to pay out of his or her pocket for these injuries. Victims often had no way of avoiding an injury with an uneven surface. Property owners are the ones in the best position to assess the condition of their properties and to make any repairs as needed. Victims may be entitled to recover lost wages, medical expenses, pain and suffering, loss of consortium and other damages in uneven floor accident cases.
Receive Your Case Review at No Cost from Illinois Premises Liability Attorneys
Call Illinois premises liability attorneys to receive a free case evaluation today. We are glad to provide you with guidance, support, and advice in handling a Chicago trip and fall case. If you have suffered a fall on an uneven floor, you can receive help from our lawyers to determine whether you should pursue a legal claim.
Rosenfeld Injury Lawyers has experience representing people injured in a slip and fall and other types of accident due to uneven floors. If you believe you may have a case, we welcome you to contact us without any cost or obligation on your end. As with all of our personal injury cases, we only receive a legal fee when there is a recovery for you. Call us anytime.