Slip and fall accidents can lead to severe, life-altering injuries that demand comprehensive legal representation. At the personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, we understand the physical and emotional turmoil such incidents can impose. Our dedicated team in Romeoville, IL is committed to advocating for your rights, recovering compensation you deserve. Utilizing our wealth of experience, we pursue your personal injury cases through every available legal avenue, fighting tirelessly on behalf of our clients. If you’ve suffered a serious injury in a slip and fall accident, trust our skilled lawyers to guide you through this challenging time.
In this Article
When Is a Slip and Fall a Valid Personal Injury Case in Romeoville, IL?
As laid out in the Illinois Premises Liability Act (740 ILCS 130/), property owners have a duty of care towards individuals on their premises. Neglecting this duty can result in liability for any injuries sustained due to hazardous conditions.
The Act defines three elements necessary to establish property owner negligence liability:
Duty of Care,
Breach of Duty (Negligence), and
As stated in the Act, “the care required is only such as is reasonably adapted to the character of the property, its condition, and the probabilities of injury therefrom” (740 ILCS 130/2). The Act further states that this duty is owed to persons expected to be on the premises and is not extended to trespassers (740 ILCS 130/3). The ability to prove these elements is integral to obtaining the full compensation deserved in this type of personal injury claim.
When Is a Slip and Fall NOT a Valid Personal Injury Case?
A slip and fall accident may not constitute a valid personal injury case when the property owner can demonstrate they took reasonable steps to maintain the premises, or if the injured party was trespassing or engaged in reckless behavior.
Also, if the hazardous condition was open and obvious, and the injured party disregarded it, this could potentially limit the owner’s liability for personal injury claims. It’s crucial to consult with a knowledgeable Romeoville personal injury lawyer to fully understand these circumstances.
When Can an Injured Trespasser File a Slip and Fall Lawsuit?
An injured trespasser can potentially file a slip and fall lawsuit in limited circumstances.
According to the Illinois Premises Liability Act, owners owe a duty of care only to individuals expected on their property, not trespassers. However, if the owner was aware of the trespassing person’s presence and failed to address known hazards, or if the trespasser is a child attracted by an “attractive nuisance,” a lawsuit could potentially be valid. Always consult with Romeoville personal injury lawyers to understand your rights.
An Example of an Attractive Nuisance
An abandoned construction site with exposed, hazardous equipment can serve as an attractive nuisance when it attracts children who are unaware of the dangerous conditions there.
Most Common Places for Slip and Fall Accidents in Romeoville, IL
Supermarkets: Busy environments prone to wet floors.
Restaurants: Spills and clutter often cause trips.
Sidewalks: Uneven surfaces lead to serious falls.
Stairs: Lack of maintenance can cause accidents.
Workplaces: Especially those with heavy machinery involved.
Nursing Homes: Elderly are at high risk.
Common Slip and Fall Injuries
Fractures: Broken bones, often occurring in wrists, arms, or hips.
Sprains and Strains: Overstretched or torn ligaments, especially in ankles.
Head Injuries: Traumatic brain injuries, concussions due to harsh impact.
Spinal Cord Injuries: Potential paralysis from severe damage to spine.
Cuts and Abrasions: Skin damage, often on arms, legs, or head.
Shoulder Injuries: Dislocations or brachial plexus injuries causing severe pain.
Hip Injuries: Fractured hips, especially common among the elderly.
Knee Injuries: Damage to ligaments, meniscus, or kneecap from falls.
Back and Neck Injuries: Herniated discs, whiplash, and other spinal injuries.
Why Do Elderly People Frequently Suffer Slip and Fall Accidents?
According to the National Institute on Aging, elderly individuals are at a higher risk of slip and fall accidents due to a variety of factors. Age-related physical changes, such as decreased muscle strength, poor balance, and slower reflexes make falls more likely. Additionally, health conditions like osteoporosis, arthritis, and vision impairment as well as the impact of some prescriptions used in their medical care can add to this risk.
What to Do After a Slip and Fall Accident in Romeoville, IL
If you’ve had a slip and fall accident, follow these steps:
Avoid making detailed statements or admitting fault, and
Consult with a personal injury lawyer.
Do I Need a Lawyer for a Slip and Fall?
Securing the services of a Romeoville personal injury lawyer after a slip and fall accident is crucial. They provide legal guidance, clarify your rights, and determine if you have a valid claim. They’ll meticulously investigate the circumstances of your slip and fall accident, gather evidence, negotiate with any insurance company involved, pursue compensation, and if necessary, represent you in court.
An experienced personal injury lawyer is instrumental in ensuring you receive the financial compensation you deserve. With their knowledge of premises liability laws, provide legal counsel to guide you through complex process and help to level the playing field against large corporations, attorneys and insurance companies. They are your advocate, standing with you every step of the way.
Types of Compensation for a Slip and Fall
Victims of slip and fall accidents may be entitled to different types of compensation. These may include medical treatment and expenses, lost wages, and pain and suffering.
In certain cases, punitive damages may be awarded when the negligence of the property owner is extreme. It’s vital to consult with a qualified Romeoville personal injury lawyer to ensure you pursue all potential avenues for compensation.
Wrongful Death Cases
When an injury in a slip and fall case causes a wrongful death due to someone else’s negligence, surviving family members may also be entitled to financial compensation for their losses.
What Is My Case Worth?
Your attorney considers several factors to determine the worth of negligence claims in slip and fall incidents. These factors include the severity of your injuries, the extent of your medical expenses, any loss of earnings due to incapacity to work, future costs related to rehabilitation or ongoing care, and the degree of negligence by the property owner. The impact on your quality of life, including pain and suffering, will also play a significant role. when you have suffered an injury on someone else’s property.
Contact a Romeoville, IL Slip and Fall Lawyer Today
Don’t delay in seeking justice.
Contact Romeoville slip and fall lawyers at The Kryder Group, LLC Accident and Injury Lawyers today for a free consultation. In this session, we’ll evaluate your case, identify liable parties, discuss potential legal avenues open to you, and answer all your questions about possible financial recovery.
We provide our services on a contingency basis, meaning we are paid only when we win our client’s personal injury cases. Secure your future now; let us fight for the compensation you deserve.