Slip And Fall Injury Lawyer Mount Prospect

If you’ve found this page, you may be looking for a Mount Prospect slip and fall lawyer. Our office is in

slip and fall

Northbrook, Illinois, but we handle slip and fall cases throughout the state of Illinois. Call us today for a free consultation at 312-848-9783.

According to the National Floor Safety Institute, slip and fall accidents account for over one million emergency room visits a year and they are the leading cause of all “on the job” injuries or workers’ compensation claims.

If you’re injured and need to speak with a slip and fall accident lawyer in Mount Prospect, contact our office at 312-848-9783. If you are injured in a slip and fall accident, you may want to bring a claim against the property owner for compensation for your damages. However, all accidents are not equal. Just because you fell does not mean you automatically have a claim – in fact, in many and maybe even most cases, you may not have a claim

The General Rule

So, what are the elements of a slip and fall case. They vary by state – though generally speaking the rule is that the property owner must act “reasonably” or maintain its property in reasonably safe condition. This is true in the state of Illinois, which is governed by the Illinois Premises Liability Act.

Crack in the sidewalk

Have you ever been walking on a public sidewalk or driveway and noticed a large crack in it? Or maybe you notice that two of the pads of concrete are not level. These types of cracks cause lots of accidents every year.

So can you file a claim for compensation in this type of case? The simple answer is, “yes” you can always file a claim, but you may not win.

State Laws

Every state has its own laws about how large or dangerous a crack has to be before someone can bring a claim. Some states have a “bright line test” which means that a crack in a sidewalk has to be at least a certain size, for example, 2 or 3 inches, in order to bring a claim against the property owner.

Other states may look at the totality of the situation to determine whether a property owner should be responsible for the accident.

In these types of cases, Illinois has followed the de minimis rule. In other jurisdictions it might be called the “trivial defect” rule. In short, the crack cannot be de minimis, or so small that it shouldn’t create a dangerous condition and as such, a municipality does not have a duty to repair the crack.

In the past in Illinois, the rule was that a crack had to be a solid two inches to be actionable. I think you’ll find that is not entirely accurate any longer, though it still can serve as a guide. Rather, recent court decisions seem to look at the totality of the circumstances to determine whether a property owner should be liable for this type of accident.

Who Do You Sue?

So, who do you file a claim against in this situation? It depends on who owns the property but often the defendant in cases like these is the city or town that maintains the sidewalk you tripped on.

This complicates things.  First, you need to know that if you’re bringing a claim against a governmental entity, it’s possible that the city or town has what’s called, “immunity”, which basically means that it is protected from liability for your injuries.

Also, the time limit to file a claim against the government entity, known as a statute of limitations, is likely much shorter than if you brought a claim against a normal property owner.  So, if you’re involved in a case like this, don’t wait to act.

The World is Full of Cracks

Why is it so hard to bring and win a case in this type of situation? The world is not flat! It’s full of cracks. Take a look at any parking lot or sidewalk. There are probably hundreds or thousands of cracks all over it.  If every property owner was responsible for fixing every single crack it would cost a fortune.

This is unfair to the property owner, not economically realistic, and it would be really tough on cities and towns as they are responsible for hundreds of miles of sidewalks

If you are injured in an accident like this, act quickly, do your research, possibly talk to an attorney so that you can figure out whether you have a viable claim. And remember – don’t delay or you may lose your right to recover for your damages.

If you want to speak with a Mount Prospect, Illinois slip and fall lawyer about your slip and fall accident, feel free to contact us at 312-848-9783 for a free consultation.

Slip and Fall Accident Attorney in Niles

slip and fall lawyer niles

If you were injured in a slip and fall on ice in the village of Niles or anywhere in Illinois, call us today at 847-305-4105 for a free consultation. It happens all the time, we slip and fall on ice during Illinois winters. It’s a fact of life. It doesn’t matter how careful you are, it can happen to you. This begs the question, if you slip and fall on ice or snow and suffer n injury, who is responsible?

Generally speaking, in the State of Illinois, a property “owner” does not have an obligation to clean the sidewalk in front of his or her property of snow or ice.

However, cities and states often make laws based on a “public policy” basis. Meaning, they want to encourage or discourage people from doing certain things. In Illinois, the state government created a law called the Snow and Ice Removal Act. In it, the State determined that it was the “public policy” of the State of Illinois to encourage residents to clean the sidewalks in front of their homes of snow and ice.

As such, anyone who makes a good faith effort to clean their sidewalk is not responsible for slip and fall injuries that occur on their sidewalks.

When is a property owner liable for a snow or ice related slip and fall accident?

The owner will be liable when there is an “unnatural accumulation” of snow or ice that causes an accident. An unnatural accumulation could be caused, for example, by a down spout that was improperly placed and resulted in a puddle of water to freeze, thereby causing an accident. Or, a drain might have been placed in a high traffic walkway and regularly freezes thereby causing an injury.

What if a property owner shovels snow which then results in an unnatural accumulation of ice that causes an injury? Pursuant to a recent Illinois Supreme Court decision, if a property owner shovels the snow or ice, and his or her efforts results in an “unnatural accumulation” of snow or ice that causes an injury, the property owner is still immune from liability.

Property owners may still have liability for other reasons. For example, if the property was poorly maintained and resulted in an unnatural accumulation. Or, if the property was improperly designed, for example, an unsafe slope was created in the concrete when it was poured which resulted in an unnatural accumulation.

Tracked-in Water

You would think that if someone owns a store and customers track water into the store, that the store owner would be liable if someone walked into the store, falls down and suffers an injury. This would appear to constitute an unnatural accumulation. However, generally speaking, the store owner will not be liable in this situation.

One exception might be where the floor was unusually wet due to some action by the store owner. For example, if the floor was polished with an unusually slippery substance and that substance contributed to the accident. Then the store owner might be liable. But that is the exception and not the rule.

City Specific Ordinances

Cities like Niles, Illinois, have their own city ordinance about snow removal. However, the Niles ordinance relates primarily to what streets will be plowed first rather than who is responsible for shoveling sidewalks.

The city of Chicago has its own ordinance about snow removal. Chicago requires its citizens to remove snow in front of their homes or businesses. The penalty for failure to shovel snow is a fine that ranges from $50.00 to $500.00 per day. However, that does not alter the civil liability for injuries that occur on the property.

If you were injured in a slip and fall on snow or ice in Niles, Illinois, call our office at 847-305-4105 for a free consultation. It takes an experienced slip and fall accident lawyer to research the law to determine if you have a viable claim. In addition, if your claim is against a governmental entity, the time limit in which you have to file a claim may be shorter so call today.

Who is responsible for my slip-and-fall injuries?

Slip And Fall Accident AttorneyProperty owners are responsible for providing a safe environment or warning visitors of hazards. When property owners fail to do this, accidents such as slip-and-fall injuries may result. These injuries often involve preventable factors, such as spills, poorly maintained floors or dim lighting. The victims of these accidents may be entitled to compensation. However, as any injury lawyer in Illinois can explain, visitors do not enjoy absolute legal protection.

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