Most of us slip or trip and fall from time to time, and often it is not a big deal. We might get a few scrapes and bruises, but the fall does not change our routine in any way.
Some falls have more serious consequences. The person who fell might need medical treatment and require time off work. In some cases, falls can produce permanent, life-altering head or spinal cord injuries.
When a fall occurs on someone else’s land, you might have a right to file a legal claim if the property owner was negligent. Speak with a Rosemont slip and fall lawyer soon after an incident to explore your legal options. A knowledgeable personal injury attorney at The Kryder Law Group could advise you on the best path forward.
What to Do if You Get Hurt in a Fall
Falls can produce significant injuries. Even if the injury heals completely, a person may suffer pain, inconvenience, and miss time at work. Whenever someone falls while away from home, they should take the following steps to protect their health and rights.
Get Immediate Medical Treatment
Seeking immediate medical care is critical, and not just when an injury is serious. Even mild sprains and hyperextensions can cause considerable pain and inconvenience if a person does not get prompt treatment. A person who falls should not drive to get care. Instead, they should ask for an ambulance or have someone else drive them.
The medical record the doctor generates when treating injuries from a fall could be used as significant proof if the injured person files suit. Without a medical record confirming the person’s injuries, an insurance company might allege that the injuries are false, or the person was injured in a different incident.
Do Not Discuss the Reason for the Fall
If the fall happened on the premises of a business, the manager might ask the person to describe how the fall happened or even ask them to sign an incident report or other document. An injured person should decline to discuss the incident or sign any forms before speaking with a seasoned Rosemont slip and fall attorney.
Make Notes and Take Pictures
If the fall did not cause a loss of consciousness, the injured person could make written or recorded notes about the incident when they have privacy. These notes could be useful if the person decides to pursue an injury claim. Pictures of the scene where the fall occurred could also be important evidence.
Contact a Rosemont Attorney Immediately
The insurance company for the property occupier often approaches an injured person with a settlement offer shortly after an incident. These offers are usually far less than a claim is worth. Immediately reaching out to a proactive trip and fall lawyer in Rosemont ensures that the landowner’s insurer negotiates in good faith and does not try to take advantage of the injured person.
Negligence Triggers Liability for Damages
The Illinois Premises Liability Act, 740 Illinois Compiled Statutes §130/2, requires the party who controls access to the property to keep it in a reasonably safe condition and protect visitors from hazards. This party is called the “occupier.” An occupier could be the property owner or another party leasing the property. The Premises Liability Act applies to business owners, homeowners, and tenants in apartment buildings.
Liability for a slip and fall accident in Rosemont depends on whether an occupier was negligent. An occupier must take reasonable steps to discover and fix hazards before they injure someone. If an occupier fails to do this, they could be liable for an injured person’s damages.
While an occupier needs to take reasonable steps, they are not liable if someone suffers an injury due to an obvious hazard. Similarly, a warning could be sufficient if immediate repairs are not feasible. Finally, liability extends only to people on the property with permission—an occupier has no duty to protect trespassers from harm in the state of Illinois.
Trust Your Injury Claim to a Rosemont Slip and Fall Attorney
If an occupier’s negligence caused a fall that left you with injuries, you deserve fair compensation for your losses. Occupiers must keep their property reasonably safe for visitors, and they owe damages to people who get injured due to their failure.
A Rosemont slip and fall lawyer could review the incident, identify the negligent parties, and hold them accountable. Contact a dedicated attorney at The Kryder Law Group today to get started.
(312) 223-1700 