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Almost everyone has seen a “Wet Floor” sign in a commercial establishment and most know to steer clear of these hazardous areas. Unfortunately, property owners are not always as diligent about dangers like this. When they do not take their responsibilities seriously, it could lead to a serious fall that causes painful injuries.
Falling on a slippery surface cannot always be grounds for civil litigation. However, you have the right to be compensated if you prove that a landowner failed to fulfill the duty of care they owed you as a lawful visitor on their property. If you want the best chances of success with your claim for wet floor accidents in Cook County, you can get help from a trusted slip and fall attorney who has extensive experience in this area of the law.
As with other hazards, property owners in Cook County are not automatically liable for every injury a visitor suffers in an accident involving a wet floor. For one, premises liability law in Illinois generally does not hold landowners liable for injuries sustained by people illegally trespassing on their land. The exception would be if the trespasser was hurt by a hazardous condition that the landowner deliberately created to harm them.
The duty landowners owe to lawful visitors requires them to warn of hazards they know about, fix those dangers reasonably quickly, and—in many situations—regularly inspect their property for undiscovered hazards. Landowners may not be liable for injuries caused by wet floors marked with a “Wet Floor” sign, clearly cordoned off as dangerous, or that they had no reasonable way of knowing about before the accident.
Another roadblock to a lawsuit or settlement demand based on a wet floor injury in Cook County is comparative fault, the degree to which an injured person is to blame for causing their own injuries. In accordance with 735 Illinois Compiled Statutes § 5/2-1116, someone may have a percentage of fault assigned to them if they slipped and fell because they were running when they should have been walking, wore shoes with no tread, did not pay attention to their surroundings, or acted negligently in any way.
Based on that percentage, the court (or an insurance company knowing that a court would support them) could reduce the total compensation available to that injured person or deny them compensation altogether. A dedicated personal injury lawyer could contest allegations and ensure that comparative fault does not unfairly reduce the money an injured person receives.
It is not impossible to successfully demand compensation from a landowner who negligently failed to warn you about a wet surface. Still, civil claims for wet floor accidents in Cook County are more complicated than someone might expect.
Working closely with a knowledgeable legal representative can make a significant difference in the outcome of your claim and the money you obtain. Call today to discuss your legal options during a free consultation.