Establishing Liability in a Slip and Fall Injury Claim

 Posted on December 31, 2018 in Premises Liability

A slip and fall accident can devastate a person’s life in mere seconds. If you have been injured after falling and the fall was a result of another party’s negligence, you may be considering seeking compensation through an injury lawsuit. The success or failure of a personal injury claim almost completely relies upon the question of liability. To win a personal injury case, a claimant and his or her legal team must prove that another party is liable, or legally responsible, for his or her injuries.

Elements of a Premises Liability Injury Lawsuit

If you are considering pursuing financial compensation for injuries through a lawsuit, identify the potentially liable parties. In many slip and fall cases, responsibility lies with the property owner. For example, a shop owner who knowingly exposes customers to danger via unmarked spills or broken stairs may be legally responsible for any injuries caused by these conditions. Property owners have a duty to maintain the property in a way that minimizes the threat of injuries. Property owners who ignore potential dangers are considered negligent.

Not every slip and fall accident is the result of negligence, however. Sometimes a sequence of unlucky circumstances can lead to a freak injury-causing accident. Therefore, in order to bring a successful injury claim, the claimant must prove that negligence led to the dangerous situation which caused the injury.

Understanding Negligence in Premises Liability Cases

Negligence occurs when a person or entity fails to behave as a reasonably cautious person would behave under similar circumstances. The question of “reasonableness” in many premises liability cases comes down to whether the property owner makes consistent, practical efforts to keep the premises free of hazards and safe for others. A property owner cannot be everywhere at once and, understandably, some hazards may go undetected for a short amount of time. However, a property owner who regularly skips needed maintenance and upkeep or knowingly ignores potentially injury-causing hazards will probably be considered negligent.

In some states, a person whose injury was partially their own fault is not eligible to bring a personal injury lawsuit. Fortunately, Illinois courts operate under the principle of comparative negligence. This means that even if the injured party had some fault in causing the accident, they may still be able to recover damages through a personal injury lawsuit.

Rockford, Illinois Premises Liability Attorneys Representing those Injured from Slips, Trips, and Falls

If you have suffered a slip and fall injury because of someone else’s negligence, contact with an experienced Winnebago County personal injury attorney from Mannarino & Brasfield, A Division of Schwartz Jambois. Call our office today at 815-215-7561 to schedule a completely confidential, cost-free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/10.00.pdf