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Nobody wants to suffer the pain and embarrassment of a slip and fall, especially if that tumble could have been prevented. According to the National Floor Safety Institute, falls are the main reason for millions of trips to the emergency room.
Each state has its own regulations for addressing injuries obtained from an accident. An Evergreen Park slip and fall lawyer may have further information on the policies applicable to Illinois, as well as the procedures for garnering a monetary judgment for any damages. If you were harmed due to a fall that stemmed from a property owner’s negligence, talking to a skilled personal injury attorney may be a wise move. En Español.
Injuries from slips and falls occur daily and often. The National Floor Safety Institute, which has a focus on prevention of such occurrences, provides the following information:
Different states have varying policies for assigning any blame to slip and fall victims who file suit for their injuries. A few states observe contributory negligence, where if the injured person was at all at fault—even one percent—they cannot recover any damages. Other states have laws supporting pure comparative negligence, which means that a plaintiff’s award would be reduced by how much of their slip and fall was deemed to be their fault, up to 99 percent.
The state of Illinois, meanwhile, follows a modified comparative negligence rule. Under 735 Illinois Compiled Statutes 5/2-1101, a court would not award a plaintiff any monetary recovery if it deems that the claimant was more than 50 percent at fault. An Evergreen Park slip and fall attorney may have advice concerning the application of the modified comparative negligence rule to individual causes of action.
Because the person being sued—the defendant—does not want to have to pay a judgment, they may attempt to utilize some common defenses. A dedicated slip and fall lawyer in Evergreen Park could discuss various defenses against liability that may be raised.
Recently, the Illinois Supreme Court reclarified the meaning of the Snow and Ice Removal Act. First created in 1979, this Act held that property owners are not liable for slips and falls on sidewalks that they shoveled, even if the landowner did not succeed in clearing all the ice and snow from that area. The court decided that snow, being a natural phenomenon, eliminates the fault of the defendant, so long as the snow and ice was a natural condition.
When someone slips on a public walkway owned by the government, the injured party cannot generally sue because of the defense of immunity. However, recently the Illinois Supreme Court allowed a woman who slipped on an uneven city sidewalk to file a cause of action against her city because local municipalities only have discretionary immunity. This means that the circumstances determine whether or not the city may become a defendant in a personal injury suit.
Your personal injury claim related to a slip and fall will be treated by the Illinois courts on a case-by-case basis. If you have sustained an injury from falling, some relief might be found by calling an Evergreen Park slip and fall lawyer. Let a compassionate attorney fight for your right to compensation.