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Chicago Slip and Fall Lawyers
Slip, Trip, and Fall Laws in Illinois
If you were injured after slipping, tripping, and falling on someone else’s property, you could be entitled to financial compensation for your resulting medical expenses, lost wages, and other damages. When property owners fail to conduct reasonable property maintenance or are otherwise negligent, they can be held accountable for accidents, including slip and falls, that occur on their properties—and the team at Mike Slocumb Law Firm can help.
Our Chicago slip and fall lawyers have decades of experience and a proven track record of success handling complex premises liability claims. We know that these types of cases present unique challenges, and we know how to help you work to overcome them so that you can secure the full, fair compensation you are owed. Whether you slipped and fell due to dangerous conditions in a retail store or were injured in a private residence, our firm is ready to fight for you.
Call (888) 302-3669 or contact us online to request a free, no-obligation consultation today.
When Can You File a Slip and Fall Claim in Illinois?
Generally speaking, you can file a slip and fall claim if you were injured due to unsafe or defective conditions on someone else’s property. However, there are several things you must prove to have a successful case.
To prove a slip and fall claim against a property owner, you must establish each of the following elements:
- Duty of Care: One of the most important elements of your slip and fall injury claim is the “duty of care.” This refers to the property owner’s legal responsibility to maintain the premises and remove, repair, or warn of dangerous or defective conditions that could cause foreseeable injury. The exact duty of care the property owner owed you will depend on your status as a visitor (i.e., whether you were there for commercial purposes, personal reasons, etc.)
- Breach of the Duty of Care: It is also important that you prove that the property owner failed to uphold, or “breached,” the duty of care. In most cases, this is done by proving that the property owner knew about or should have known about a dangerous or defective condition yet failed to conduct reasonable property maintenance and/or remove, repair, or warn of the dangerous or defective condition.
- Injury: You will also need to prove that you were actually injured due to the slip and fall accident. If you slipped, tripped, and fell but did not sustain any injuries, you do not have a case. Generally speaking, you will also need to prove that you suffered measurable, compensable damages, such as medical expenses or pain and suffering related to your injuries.
- Causation: Lastly, you will need to prove the causal relationship between the property owner’s failure to uphold the duty of care (i.e., their negligence) and your injuries. In other words, you will need to show how the property owner’s failure to maintain the premises and/or remove, repair, or warn of dangerous or defective conditions caused your injuries.
It is important to remember that the property owner and/or their insurance provider will likely try to push back against your claim. We strongly recommend that you work with an experienced slip and fall lawyer, like those at Mike Slocumb Law Firm, who can help protect your rights, communicate with the insurance company on your behalf, and advocate for the maximum compensation you are owed.
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How Do Property Owners Defend Against Slip and Fall Claims?
How Do Property Owners Defend Against Slip and Fall Claims?
In Illinois, public and private property owners alike may raise several defenses to slip, trip, and fall claims. Most often, they use the state’s rule of comparative negligence to dispute these claims. Under this rule, you cannot file a personal injury claim if you are found to be more than 50% at fault for the incident that led to your injuries. Additionally, if you are found to be 50% or less at fault, your total recovery will be reduced by your at-fault percentage.
Some common defenses to slip and fall claims include claiming that:
- The injured individual was trespassing or otherwise unlawfully on the property when the incident occurred
- The injured individual was using a cellphone or otherwise not paying attention to their surroundings
- The dangerous or defective condition was roped off or otherwise marked with signs, cones, or signals to alert visitors
- The injured individual was wearing inappropriate footwear/not wearing footwear
- The injured individual entered an area that was not open to visitors or an area where visitors would not normally expected to be
- The dangerous or defective condition was “open and obvious,” meaning any reasonable person would have been able to notice it and take reasonable measures to avoid it
If the defendant succeeds in proving that you were even partly at fault for the slip and fall accident that caused your injuries, you will not be able to recover the full amount you are seeking in damages.
When you work with the Chicago slip and fall lawyers at Mike Slocumb Law Firm, you can focus on your physical recovery while we handle every detail of your case. Our team conducts exhaustive investigations to determine exactly what happened and, most importantly, who is liable for your injuries and damages. We leave no stone unturned and are aggressive when it comes to pursuing maximum compensation for our clients.
Discuss Your Options with Our Slip, Trip, and Fall Attorneys
Many people are hesitant to pursue personal injury claims after slip, trip, and fall accidents—but the truth is that you shouldn’t have to simply deal with the consequences of someone else’s negligence on your own. Mike Slocumb Law Firm can help you fight for the fair compensation you are owed, as well as work to hold the liable property owner accountable and ensure similar incidents do not occur again in the future.
We provide all of our legal services on a contingency fee basis, meaning you do not owe any attorney fees or litigation-related expenses unless/until we recover compensation for you. If we do not secure a settlement or verdict on your behalf, you do not pay a dime.
Contact our Chicago slip and fall lawyers online or by phone at (888) 302-3669 for a free consultation today. Hablamos español.