Who Is Liable for an Injury Caused by a Slip and Fall Accident?

 Posted on November 11, 2020 in Personal Injury

According to the National Safety Council (NSC), falling is the third leading cause of accidental injury-related death overall and the top cause of injury-related death for those over 65. Falling can result in severe injuries including fractures, traumatic brain injury (TBI), back and spine injuries, and more. If you or a loved one recently suffered a fall, you may have questions about who is liable for the incident. You may be interested in exploring your legal options and pursuing compensation for the damages or costs incurred by the fall accident. Read on to learn about slip and fall injury claims in Illinois and what you can do to get started on a claim today.

Elements of a Personal Injury Claim Based on Negligence

Liability for a slip and fall or trip and fall often hinges on negligence. To establish that the defendant was negligent and win your injury claim, you and your attorney will need to demonstrate four main elements:

• The defendant, or party against whom the claim is filed, owed you a duty of care. According to Illinois law, property owners have a legal responsibility to keep their premises relatively safe. If an unsafe condition does exist on the property, the property owner or occupier must warn visitors about the unsafe condition. Retail stores, apartment complexes, and other commercial property owners as well as residential property owners are subject to these premises liability laws. Homeowners may be liable for injuries to guests if the injuries are caused by the homeowner’s negligence. Medical facilities such as nursing homes also have a legal duty to keep the facility reasonably safe.

• The defendant failed to uphold this duty of care. A property owner or occupier breaches their duty of care if they knowingly expose visitors to a perilous condition on their property without warning the visitors of the danger. Icy walkways, wobbly handrails, defective stairs, loose floorboards, inadequate lighting, and spilled liquids are some of the most common defects that lead to slip and fall accidents.

• Your injuries were caused by the defendant’s actions. You and your attorney will need to establish that your injuries were the result of the defendant’s negligence. Medical records and testimony from medical experts are often used in personal injury claims to demonstrate the relationship between the defendant’s actions and the claimant’s injuries.

• You sustained damages because of your injuries. Damages are the losses resulting from your slip and fall accident. Through a personal claim, you may be entitled to compensation for damages such as healthcare expenses related to the injury, ongoing medical needs, lost wages from missed work, pain and suffering, and more.

Contact a Peoria Slip and Fall Accident Lawyer

If you or a loved one were hurt in a slip and fall accident, contact the skilled legal team at Kanoski Bresney to discuss your legal options. You may be entitled to compensation for your damages. Call our office today at 888-826-8682 to schedule a free confidential consultation with a knowledgeable Decatur personal injury attorney.

Source:
https://www.nsc.org/work-safety/safety-topics/slips-trips-falls