Holding a landowner responsible for your slip and fall injury can prove to be a complicated task. Numerous conditions must be met, beyond simply falling on the property, for you to be entitled to compensation.
A Palatine slip and fall lawyer could evaluate your case and help you understand whether you have a case and how much compensation you might receive from a lawsuit. Speaking with an experienced personal injury attorney from The Kryder Law Group could provide you with realistic expectations regarding what you will need to prove to succeed in your claim.
Slip and fall injuries can result in more than a bruised tailbone or embarrassment. In fact, the injuries associated with a slip and fall can prove to be severe and enduring. Such injuries include:
Extensive injuries can result from slip and falls, which are often caused by poor maintenance. Whether the floorboards were loose, the sidewalk was icy, or the spill on aisle 12 was not properly cleaned, you might be entitled to receive compensation if you sustained injuries in a slip and fall accident on someone else’s property. A knowledgeable Palatine slip and fall injury attorney could help you understand the likelihood of landowner liability in your specific case.
Slip and fall cases are primarily pursued under a theory of liability known as premises liability. Premises liability aims to protect you as you go about your daily life by imposing certain safety standards on the owners of the properties you frequent. However, the landowner is not automatically liable any time you have a slip and fall on their property.
In order to hold a landowner accountable for your injuries, there are certain elements that your Palatine attorney must prove in a slip and fall case for premises liability. Initially, your lawyer must show that circumstances on the premises created an unreasonable risk to others. This condition will vary depending on the situation, but it could be something like an unmaintained and dilapidated staircase.
However, it is not enough for a dangerous condition to simply exist on the property. A proactive attorney must also show that the landowner knew or should have known of the danger. In determining this element, the time between the creation of the hazard and when the accident occurred is often relevant. For instance, in the case of the dilapidated staircase, it could be more difficult to argue that the landowner was not aware of the risk, given the amount of time the staircase would have been in disrepair.
To prevail in a Palatine premises liability claim, a skilled slip and fall attorney must also show that the landowner should have anticipated that individuals who entered their property would not notice the condition or would not protect themselves from it. This can sometimes implicate the defense that the danger was open and obvious, and the injured party should have identified it.
If all of the conditions above are met, a well-practiced lawyer must still prove that the landowner failed to make the condition reasonably safe or to warn visitors of the potential danger. If the landowner failed to do so, and your attorney shows that this failure caused your injuries, you could prevail in a premises liability claim.
Given the many standards that must be met in order to be successful, it is essential to retain a committed slip and fall lawyer in Palatine to argue that these conditions were present in your case.
Slip and fall cases require several elements to be met to hold a landowner liable for your injuries. A Palatine slip and fall lawyer at The Kryder Law Group could present your case to a judge and work to prove each of these requirements for compensation.
Because failing to prove even one of these elements could jeopardize your ability to receive monetary damages it is important to consult with a seasoned attorney throughout your lawsuit. Call today to discuss the specifics of your case with one of our dedicated legal professionals.