Slip and Fall Case Examples

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Slip and Fall Case Examples

There are many slip and fall injuries that occur every day. These types of accidents can happen anywhere, from supermarkets to shopping malls, and they often result in serious injuries. Each slip and fall personal injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers has handled numerous such cases over the years and has prepared this blog highlighting slip and fall case examples.

Slip and Fall Cases in Illinois

The US Bureau of Labor Statistics reports in Illinois, slip and fall accidents account for almost 15% of workplace fatalities in 2022. Slip and fall accidents are common personal injury cases, with severe injuries occurring from situations like slipping on liquid in a grocery store or tripping on a sidewalk crack.

What Is the Illinois Premises Liability Act?

In Illinois, the Premises Liability Act places a duty of care on property owners to maintain their premises in a reasonably safe condition and warn visitors of any potential hazards.

What Proof Is Required after a Slip and Fall Injury?

In order to build a strong slip and fall case, there are certain elements of proof that must be established. These include:

  • Duty of care: It is the legal responsibility of the property owner to maintain their premises in a safe condition for visitors.
  • Breach of duty: If the property owner failed to fulfill their duty of care by not addressing a known hazard or warning visitors of potential dangers, it can be argued that they breached their duty.
  • Causation: It must be shown that the property owner’s breach of duty was the direct cause of the slip and fall accident.
  • Damages: The victim must have suffered physical or financial harm as a result of the slip and fall accident.

Common Slip and Fall Accident Cases

Here are some situations where slip and fall accidents occur:

Common Slip and Fall Accident Cases Infographic

A Grocery Store with Debris in an Aisle

In this case, the property owner may be held liable for failing to regularly clean and maintain the store, as well as not properly using warning signs to visitors of potential hazards.

Spills in Restaurants or Stores

Another frequent reason people slip and fall is because of spills or leaks on the floor. This could be because a customer accidentally dropped a drink. It’s important for workers to regularly check the area and keep an eye out for any spills or that could cause a slip and fall incident.

Poor Maintenance in a Building or Stairwell

Landlords are often the responsible party when poor maintenance leads to injuries on their property. This could include things like broken stair railings, poorly lit hallways, or unmaintained walkways.

Spills in the Restroom of an Office Building

In this slip and fall lawsuit for example, the owner of the building or business may be held responsible for the slip and fall accident. They have a duty to maintain a safe premises for employees and visitors, which includes regularly cleaning up any spills or hazards.

Falls on Snow or Ice

During winter, many people are injured in snow and ice accidents. Property owners have a duty to clear snow and ice from sidewalks, driveways, parking lots, and stairs within a reasonable amount of time after a storm. If they fail to do so, and someone slips and falls on their property, they may be held liable for damages.

Cracks in the Pavement or Walkway

If you trip and fall due to uneven pavement, potholes, or sidewalk cracks, you may be eligible for compensation, unless the defect is considered minor under the de minimis rule, which deems certain conditions not dangerous enough to warrant legal action. Courts often require a height difference of at least 2 inches for a claim to be valid.

Why Can a Slip and Fall Claim Be Denied?

Many potential clients are unsure about what exactly makes a fall case compensable. There are several common defenses used by insurance companies and their defendants to argue that a given fall is not their fault and is thus not compensable.

Outside Slip and Fall Cases

The Natural Accumulation Doctrine protects property owners from lawsuits related to falls on snow and ice that result from natural accumulation. Compensation is limited to falls caused by unnatural accumulations due to the owner’s negligence. Documentation and expert opinions that prove negligence are used to counter natural accumulation claims.

Inside Slip and Fall Cases

  • The natural accumulation rule stipulates that water or snow tracked into a store by customers is not compensable.
  • The distinction between actual or constructive notice is: actual notice refers to direct knowledge of a hazard, while constructive notice implies it should have been known. Constructive notice requires a hazard to be obvious or exist for at least 15 minutes.
  • The “open and obvious” doctrine stipulates property owners aren’t liable for hazards that are clearly visible and should be avoided by visitors.

Contact Chicago Slip and Fall Accident Attorneys

Each experienced personal injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers is well-versed in premises injury cases with the goal of securing fair compensation for slip and fall clients who have suffered severe injuries.

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