Slip and fall accidents are a common cause of injury in Chicago, particularly during the icy winter months. Navigating the city’s bustling streets and sidewalks increases the risk of encountering slippery surfaces. If you experience a fall due to someone else’s negligence, such as uncleared snow or unmarked hazards, you may be eligible for compensation for your injuries.
Awareness and preparedness can help prevent falls, but accidents can still occur. In such situations, understanding the legal landscape in Chicago is essential. At Meyers & Flowers, our experienced Chicago personal injury lawyers can navigate the process and protect your rights.
Meyers & Flowers: Your Premier Slip and Fall Lawyer in Chicago
- We are a team of top Chicago trial lawyers led by award-winning attorneys Ted A. Meyers and Peter J. Flowers. We routinely take on large challenges and succeed.
- Our lawyers have obtained billions of dollars on behalf of our personal injury clients. We have years of experience resolving slip and fall accident cases in Chicago and nationally.
- You won’t pay us anything for our services unless we win your case. Our Chicago slip and fall attorneys operate on a contingency fee basis, with $0 charged upfront.
How a Chicago Slip and Fall Attorney Can Help You
If you get injured due to a fall on someone else’s property in Chicago, a slip-and-fall attorney in Chicago can help you navigate the process of seeking fair financial compensation from the property owner or another party. Your lawyer can analyze your case and investigate the accident to determine who is at fault.
To secure compensation for a slip and fall, you must prove the required elements of the claim. A slip and fall injury lawyer in Chicago can collect evidence to establish your case and help you secure the maximum possible compensation. You can trust an attorney to negotiate a fair settlement on your behalf while you focus on healing from your fall-related injuries.
What Are Slip & Fall Accidents?
Slip and fall accidents occur when you lose your footing and fall, often due to unsafe conditions on a property. These incidents can lead to significant injuries and may be grounds for legal action if negligence is involved.
Some of the most common causes of slip and fall incidents include the following:
- The most common culprit is a wet or slick surface, such as icy sidewalks or spilled liquids in grocery aisles
- Recently mopped or waxed floors with no warning signs can present a slip-and-fall hazard
- Cracked sidewalks, potholes, or uneven flooring can cause you to trip
- Inadequate lighting can prevent you from seeing potential hazards, leading to a fall
- Debris, clutter, or cords across walking paths can pose tripping risks
- Unsafe staircases and missing railings can lead to harmful stairwell falls
In Chicago, it is a property owner’s legal responsibility to ensure reasonably safe premises for lawful visitors. This includes searching for, identifying, and remedying potential fall hazards in a timely manner.
Slip and Fall Accident Injuries
A fall can cause a variety of injuries, from minor bumps and bruises to severe medical conditions and permanent disability. Hip fractures and other injuries are the leading cause of injury-related death among adults ages 65 and older, according to the Centers for Disease Control and Prevention.
Common injuries that result from slip and fall accidents include the following:
- Broken bones: Arms, legs, and hips are often fractured during falls.
- Head injuries: These can range from mild concussions to severe traumatic brain injuries.
- Back and spinal injuries: A fall can result in herniated disks or even spinal cord injuries.
- Cuts and abrasions: Sharp objects or the impact can cause lacerations or scrapes.
- Soft-tissue injuries: Muscles, tendons, and ligaments can suffer strains or tears.
Slip and fall injuries often affect the hips, pelvis, shoulders, elbows, wrists, knees, and skull. It is vital to see a doctor immediately after a fall in Chicago, even if you initially feel fine. You may have injuries with hidden or delayed symptoms, including potentially serious injuries.
Chicago Premises Liability Law
In Chicago, premises liability law is crucial in understanding your rights and responsibilities in slip-and-fall cases. Property owners have a legal duty to maintain a safe environment, and failure to do so may result in liability for accidents.
Duty of Care Explained
Under Chicago premises liability law, property owners and occupiers have a duty to ensure their property is reasonably safe for visitors. The extent of this duty varies depending on the visitor’s legal status, which includes the following:
- Invitees: Individuals who are on the property for business purposes, such as customers in a store. The highest duty of care is owed, requiring property owners to inspect for and repair any hazards regularly.
- Licensees: Guests who are on the premises for social reasons. Property owners must warn licensees of known dangerous conditions that are not obvious.
- Trespassers: People who enter the property without permission. Generally, the only duty is to refrain from willful or wanton harm.
The specific duties of care a property owner had prior to a slip and fall accident will depend on the scenario. In general, a property owner is held to the standard of maintaining a premises in a way that a “reasonable and prudent person” would in the same or similar circumstances. Falling short of this duty of care can place liability for an accident with the landowner.
Comparative Negligence in Illinois
In Illinois, the concept of comparative negligence applies to slip and fall cases. If you are found partially at fault for your accident, your compensation can be reduced accordingly. For example:
- Less than 50% at fault: If you’re less than 50% responsible for your accident, you can still recover damages, but your percentage of fault will reduce them.
- 50% or more at fault: If you are found to be 50% or more at fault, you cannot recover any damages under Illinois law.
An example of this law in action would be a $100,000 settlement reduced by 10 percent ($10,000) to $90,000 after the victim is assigned 10 percent of the fault for a slip and fall.
Who Can I Hold Legally Responsible for My Chicago Slip & Fall Accident?
In Chicago, several parties can potentially be held legally responsible for a slip and fall accident, depending on the specific circumstances and the nature of the property where the accident occurred. The following parties may be held liable for slip and fall accidents in Chicago:
Property Owners
Owners of residential, commercial, or public properties have a legal duty to maintain safe conditions and prevent hazards that could cause slip-and-fall accidents. If property owners fail to address known hazards or neglect regular maintenance, they may be held responsible for injuries resulting from a slip and fall accident on their premises.
Property Managers or Landlords
In cases where a property is managed by a third party or rented out to tenants, the property manager or landlord may bear responsibility for slip and fall accidents if they were aware of hazardous conditions and failed to take corrective action.
Business Operators
In the case of slip and fall accidents on business premises, such as retail stores, restaurants, or other commercial establishments, the business operator or manager may be held legally responsible if they were negligent in maintaining safe conditions for customers and visitors.
Municipalities or Government Entities
Slip and fall accidents on public property, such as sidewalks, parks, or government buildings, may lead to legal claims against the municipality or relevant government entity if the hazardous condition resulted from negligence in maintenance or failure to address known dangers.
Legal Steps After a Slip & Fall
After experiencing a slip and fall in Chicago, it’s essential to understand the necessary legal steps to protect your rights and seek any potential compensation.
Immediate Actions to Take
- Seek medical attention. Your health is the top priority. If you’re injured, call 911 or go to the hospital immediately. Document your injuries and all medical treatments.
- Report the incident. Notify the property owner or manager where the slip and fall occurred. Request a written report and obtain a copy for your records.
- Document everything. Take photos of the scene, including the hazardous condition that caused your fall, and collect any witnesses’ names and contact information.
- Contact Meyers & Flowers. As soon as possible, contact our premises liability attorneys in Chicago to discuss your case.
Filing a Claim for Compensation
After experiencing a slip and fall accident in Chicago, individuals may be entitled to seek various types of damages to compensate for their injuries and related losses. You’ll need to demonstrate that the property owner or manager was negligent, meaning they failed to maintain a safe environment, leading to your accident. You’ll also need to provide proof of your losses, such as medical bills, photographs of your injuries, and lost wage statements.
Damages that can be pursued after a slip and fall accident in Chicago may include the following:
- Medical expenses. This includes emergency treatment, hospitalization, surgery, medication, rehabilitation, and any other medical care required due to the slip and fall injuries.
- Lost income. If the slip and fall accident causes the victim to miss work or suffer a loss of income due to their injuries, they may seek compensation for the wages they would have earned during the recovery period.
- Pain and suffering. This category of damages accounts for the physical and emotional distress experienced as a result of slip and fall injuries, including pain, discomfort, anxiety, and diminished quality of life.
- Loss of earning capacity. If the injuries sustained in the slip and fall accident result in a long-term or permanent impairment that affects the individual’s ability to earn income in the future, they may seek compensation for the diminished earning capacity.
- Disability or disfigurement. In cases where the slip and fall accident causes lasting physical impairment or disfigurement, the injured party may pursue damages for the permanent impact on their appearance or physical abilities.
The value of your slip and fall claim will depend on the extent of your losses. In general, serious to severe injuries result in greater damages for the victim; therefore, these cases often result in greater financial compensation.
How Much Time Do You Have to File a Slip and Fall Claim in Chicago?
In Illinois, you generally have two years from the date of the slip and fall to file a lawsuit based on personal injury. This is the filing time limit under the state’s statute of limitations: 735 Illinois Compiled Statutes § 5/13-202. This law states: “Actions for damages for an injury to the person… shall be commenced within 2 years next after the cause of action accrued.”
However, this period can vary, so acting quickly is crucial. For example, if you slip and fall on public property in Chicago and wish to file a claim against a government agency, you have a shorter deadline. In Illinois, a claim against the government must be brought within one year of the accident.
Meyers & Flowers Is Here to Help
You need a slip and fall lawyer in Chicago who understands the complexities of Illinois premises liability law. Meyers & Flowers has a proven track record, with a team experienced in navigating the intricacies of these cases. We understand slip and fall cases, providing aggressive and knowledgeable legal services to ensure your rights are protected and you get the compensation you deserve. To ensure your case is in capable hands, book a consultation with Meyers & Flowers. Your peace of mind is paramount, and with Meyers & Flowers, you’re supported by a firm that stands firm for justice. Contact us today, and let us help you take that pivotal step toward recovery. Call (630) 232-6333 to schedule a free case evaluation at our local law office in Chicago.