Is a Business Liable If You Fall on Their Property?
Businesses must provide safe passage wherever customers have access including over the following:
This duty arises because Illinois business owners owe invitees a duty of ordinary care to maintain their premises to ensure a reasonably safe environment.
How Do Most People Slip in Stores and Businesses?
Following a slip and fall incident, in Illinois or anywhere else, victims want to know if what happened to them is similar to what happens to other people. We can tell you that there are common slip and fall scenarios. Here are just a few of them:
- Shoppers slip on spilled liquid in a store, many times even after the management was informed of the spill.
- Customers trip and fall on uneven floors in a recently developed area or one that is still under construction.
- Visitors slip on ice or snow that was pushed aside by company employees.
- Guests fall down stairs after the hand railings give way and cause them to fall.
Does your incident look like any of these? If not, don't worry. Many slip and fall accidents are unique and don't mirror any others. The important things to focus on are the facts of your case and the laws of Illinois.
Think you have a personal injury case or premises liability suit after a fall injury or workplace safety violation?
Then, contact us so we can discuss what the business owner or property owner did to cause your fall injury, workplace injuries, etc. and we can provide legal advice and legal assistance.
Even a small business owner or small building owner can be held responsible-held legally responsible- for fall injuries in personal injury cases.
It is important that the responsible parties are held liable to the injured party for the dangerous condition, dangerous conditions, and preventable injuries.
What Exactly Does a Property Owner or Business Owner Have to Do If It Rains or Snows?
The general rule for snow and ice removal in Illinois is "hear no evil, see no evil." This means that if citizens don't do anything about it then they won't be in any legal trouble.
It can snow a foot or ten feet and Illinois residents are in their rights to do nothing about it. However, this is complicated when you consider that Illinois businesses have other rights and responsibilities as well.
For instance, the business owner, management company, or property owner has the general duty to care for their invitees and provide them with a reasonably safe environment. Yet, this does not extend to trespassers.
If the customer falls and suffers a fall injury, we can see who had the primary burden to prevent injuries and guard against the dangerous condition. Potential liability can follow for the following circumstances:
- Wet floor
- Disease control
- Obvious dangers
- Violation of building codes
- Poor lighting
If the property owner did not keep a property safe or negligently failed to prevent injury, we can show how his negligence and lack of reasonable care aggravated potential dangers. Building and business owners should not shirk their responsibility to keep their property safe.
In fact, failure in preventing falls is a leading cause of small business liability and safety accidents.
What Does This Mean for Illinois Companies According to Premises Liability Law?
And how is it complicated by snow and ice? Well, this would actually require businesses to affirmatively undertake certain measures in order to ensure that the portions of property where customers traverse over are safe.
For example, if an Illinois store has a path leading into its building, it should clear it of ice because customers can sue for damages if they slip and fall on their way in.
Alternatively, if a large snowfall requires customers to climb over a mound of snow to get out of the parking lot, then the company could be sued if it doesn't shovel and clients fall while attempting to climb it.
Obviously, the injured person must have some invitee relationship to bring a suit against the company, like that of a customer.
Also, Illinois' rule of comparative fault would reduce the recovery by the amount of blame that the plaintiff contributed to the event.
However, hopefully this illustrates the affirmative obligation that Illinois businesses have in certain situations with respect to snow and ice removal as well as how that modifies the traditional rule that property owners need do nothing if it snows or rains.
How Do You Pursue Compensation Against Businesses for Slip and Fall Accidents in a Premises Liability Lawsuit?
Slip and fall accidents can seem like such small events and lawsuits can seem like such large, complicated affairs. It's no wonder that many people don't realize how to pursue compensation for the injuries that result from these incidents.
However, you must realize the steps you need to take in order to obtain recovery from the company that was responsible. Here is brief overview of them:
- You need to research every aspect of the slip and fall incident including the proper owner of the premises, who was there, and how it happened;
- You must file a complaint in the proper courthouse specifying the facts of the accident, who was at fault, why you are allowed relief, and what relief you feel you are entitled to;
- You must conduct discovery with the opposing counsel to formally exchange information and evidence; and
- You must present your case before a jury.
Did you suffer injuries, medical bills, and damages from a lack of fall protection and safety equipment, a torn spot, or other negligence from the person that owned the building? We can help the injured victim after falls determine who had responsibility and what condition existed to cause this event.
Do You Want to Know If You Have an Illinois Slip and Fall Case?
A lot of the issues surrounding slip and fall cases and even premises liability litigation generally can be confusing. You might wonder which rules apply to you and if so how they apply to you.
Our team at Rosenfeld Injury Lawyers LLC can help answer any question that you have on this topic and we know that you probably have many after a person slips. Do you wonder if you have an Illinois slip and fall case?
Then, give us a call and we can discuss the dangerous condition, lack of fall protection, resulting medical bills and injuries, and more!
A premises owner's negligence should not go unaccounted for and they should have responsibility for the damage they cause others.
Our Team of Chicago Injury Lawyers Can Help You Get the Compensation That You Deserve
We sit down with people from all over Illinois all the time who have suffered numerous injuries including medical malpractice, car accidents, dog bites, and slips and falls. Just like them, we can explain to you how the facts of your incident relate to the broader category of laws of this state.
Just like them, we can fight for you to ensure that you receive the full protections of them after a person slips and injures themself.
Contact our team at (888) 424-5757 or through the contact form below and hear about how you can turn your Illinois slip and fall accident into an Illinois slip and fall case.