Premises Liability
Slips, Trips and Falls
What does “premises liability” mean and am I entitled to compensation?
Illinois law requires landowners use “reasonable care” in protecting people lawfully on their premises from harm. This means that landowners must be careful in maintaining their land, so as not to place visitors at an unreasonable risk of harm. If a “defect” on the property causes a visitor to suffer an injury, that visitor may be entitled to compensation. A defect can be anything from a spill in a grocery store aisle to a crack in the sidewalk to an unnatural accumulation of snow and ice on one’s property. Without a defect on the property, a trip/slip and fall may not be compensable no matter how bad the injuries. As we approach the winter months in Chicago, which (used to) bring snow and ice, it is important to know what to do if you or a loved one falls sustaining serious injuries.
First and foremost, take a picture of the area of the fall, and specifically the defect. It is extremely likely that any delay in capturing this important evidence will result in the defect being fixed by the property owner. Without a picture of the defect, it is very difficult to prove the case. So, make sure you take a picture!
Equally as important: report the fall to the property owner. If the owner has a formal incident report, make sure it gets completed and you receive a copy. If this is a residential home or a small commercial property, make sure you report the incident in writing. Verbal complaints are not enough. Text message, email, fax are all sufficient, just make sure it is in writing.
Get the names and phone numbers of witnesses. This can change the case from a “he said/she said” to a corroborated and compensable incident.
Seek medical attention promptly and clearly communicate where and how you fell. Defendants love delays in medical treatment. It enables them to make all sorts of arguments that your injuries may not actually be caused by the fall. It also provides additional written documentation of the fall. Simply providing the nurse or doctor a general description of where you were and the defect which cause you to fall can be the difference in a successful recovery.
Finally, if the injuries occurred some where you frequent and you have complained about the defect before or you have heard of others complaining about the defect, document those complaints! It is essential that we prove the landowner knew or should have known that this defect existed and was dangerous to the public. Contact information of friends, neighbors or even strangers that have complained about the defect before your injury could make the difference.
The attorneys at Adeszko, Abate & Green have extensive experience in guiding clients through the difficulties of premises liability claims, and are happy to speak with you about your potential case!