Slip and fall accidents can cause injuries ranging from minor to catastrophic. In many instances, they are caused by negligent actions or inactions by a person or business. If you have experienced a fall on another party’s property, a Joliet slip and fall lawyer could help.
You have the right to file a personal injury lawsuit to recover compensation for the harm you suffered and your financial losses. Call MJB Law Offices today to discuss your case with a seasoned personal injury attorney.
A Landowner’s Duty to Protect Guests and Visitors
The legal concept of premises liability requires landowners to exercise reasonable care to protect guests or visitors on their property. If a hazardous condition exists on the premises that could potentially cause a slip and fall, the property owner has a duty to mitigate this risk.
This means that a property owner should attempt to fix or repair the hazardous condition as soon as reasonably possible. If the landowner cannot immediately rectify the condition, they have a duty to adequately warn guests or visitors on the premises about the potential hazard.
Premises liability applies to both private and public property. Some examples of venues where a slip and fall might occur include the following:
- Retail stores
- Restaurants
- Bars or nightclubs
- Amusement parks
- Schools
- Hotels
- Swimming pools
- Workplace
- Construction sites
- Parking lots
- Nursing Homes
- Sidewalks
- Apartment or condominium buildings
A Joliet slip and fall attorney could help identify the appropriate defendant based on where the accident occurred.
The Primary Causes of Slip and Falls
A plaintiff’s ability to recover damages for injuries will depend on what caused the slip and fall accident. A wide range of factors can contribute to causing a slip and fall accident, such as:
- Wet floor surfaces or spilled liquids
- Rain, ice, snow, sleet, or other adverse weather conditions
- Tripping over an obstacle or object that should not be on the ground
- Exposed wires or cables
- Floor damage, such as loose floorboards or carpeting
- Potholes
- Uneven surfaces
- Poor lighting or visibility
- Excessive dust on floor surfaces
- Inadequate or unstable handrails
Many of these causes can help prove a defendant’s negligence in a premises liability case. For example, if a store fails to promptly clean up a spill or place warning signs around the hazard, a court may find that it breached its duty of care.
A slip and fall lawyer in Joliet could help injured clients determine the necessary evidence to prove negligence in their premises liability claim, which may include the following:
- Accident scene photos
- Eyewitness testimony
- A history of similar accidents or prior warnings
- Video surveillance footage
- Incident reports
- Medical records
- Maintenance records
Call MJB Law Offices to gain thorough legal assistance in compiling evidence for your personal injury case.
Limitations on Landowner Liability
A landowner’s liability for slip and fall accidents has some limitations. Under the state’s Premises Liability Act, 740 Ill. Comp. Stat. Ann. § 130/2, property owners do not owe a duty for open and obvious dangers to guests or visitors.
A property owner’s duty is also limited in cases where they were reasonably unaware of the hazardous conditions. Similarly, premises liability does not apply to scenarios where the injury resulted from misuse of the property.
Additionally, 740 Ill. Comp. Stat. Ann. § 130/3 provides that a landowner does not owe a general duty of care to trespassers on the property except to refrain from willful endangerment. However, the trespasser limitation does not apply to scenarios where a trespassing child is injured on the property.
For child trespassers, a property owner can be liable if the owner knows or reasonably expects that there is an attractive nuisance on the premises, such as a swimming pool. A Joliet lawyer could help clients analyze potential exceptions to premises liability for slip and fall incidents.
Discuss Slip and Fall Accident Claims With a Joliet Attorney
Slip and fall accidents can lead to catastrophic injuries, such as traumatic brain damage or paralysis. These injuries can permanently impact an injured person’s long-term health and ability to maintain employment.
Promptly taking legal action by contacting a Joliet slip and fall lawyer can help you recover compensation for your injuries. You can also recover damages for your out-of-pocket expenses and emotional suffering. Call our law office today for more information.
