Proving an Illinois Slip and Fall Claim

 Posted on September 09, 2021 in Slip and Fall

Slip and falls are a fairly common type of accident that may result in a negligence claim. Injuries from slip and fall accidents can be severe and have a major impact on your life. Proving that the owner or tenant of the place where you fell was negligent is necessary to recover damages, but can be difficult in some circumstances. If you were hurt in a slip and fall, it is very important that you contact a qualified attorney as soon as possible after the accident so that evidence can be preserved.

What Must be Proven in a Slip and Fall Case?

You and your attorney will need to prove that the person in charge of maintaining the property was careless. This involves proving that this person knew about the dangerous condition that led to your injury and failed to act. Often, the dangerous condition that caused your fall was temporary - such as the classic example of a spilled liquid on the floor. This is why timing is so important. The person responsible for the premises often cleans up the spill or otherwise remedies the dangerous condition very quickly after an accident.

Additionally, you and your attorney will need to prove that the responsible person knew (or should have known) about the dangerous condition. If you cannot prove that the responsible party was aware (or should have been) of the danger, you may not be able to recover. For example, a grocery store manager may argue that she and her staff were not aware of a spill that happened shortly before you slipped on it.

A skilled attorney may still be able to prove your case if you contact one soon enough. An attorney can help you gather evidence, such as by gaining access to security camera footage or by locating a witness who could testify that the person responsible for the premises was aware of the spill some time before you were injured. These are simple and common examples - your particular circumstances may be quite different.

What if the Accident Was Partially My Fault?

Accidents are only rarely 100% the fault of just one party. In Illinois, you can still recover damages as long as you were not more than 51% at fault. Even if your conduct contributed to the accident - for example, you were texting while walking and didn’t notice a spill - you might still be able to receive compensation. It will depend on the specific facts surrounding your case.

Contact an Illinois Slip and Fall Attorney Today

After a slip and fall, it is critical that you get in touch with an experienced Wheaton slip and fall lawyer as soon as you can. Gathering evidence in many slip and fall accidents is often a highly time-sensitive matter that is best handled by an attorney who has experience with this type of claim. Call the Law Offices of David W. Clark, P.C. at 630-665-5678 for a free consultation today. The sooner you make the call, the sooner we can start helping you recover any compensation you may be entitled to.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116

https://www.illinoiscourts.gov/Resources/18fd27de-6edb-4c7d-9ee5-8957f48f4568/120.00.pdf\