Proving Fault in Slip & Fall Accidents

If you have suffered a slip and fall injury on someone else’s property, then the owner of that property may be held responsible for your injuries. Whether it was a wet floor, a rough surface, or an object that caused your slip and fall injury, there are legal means to recover the damages that you incurred. To do so, you can get the help of a Chicago slip and fall attorney.

Determining fault in a slip and fall injury

A slip and fall injury is not always the property owner’s fault. Floors are likely to get wet, and certain objects serve their meaningful purpose on the ground. Everyone has an obligation to pay attention to their surroundings. That being said, property owners need to maintain a safe and stable environment. They need to make sure that their property does not have dangerous conditions which can easily lead to a slip and fall injury. For a property owner to be legally responsible for your slip and fall injury, the property owner or an employee:

• Must have caused the dangerous condition;
• Must have neglected to fix the dangerous condition; or
• Should have known about the condition, as any “reasonable” person would.

In any of these cases, the details of the accident will determine who is liable. A judge and jury will often question whether the property owner’s actions were “reasonable”. If you have questions regarding liability in your slip and fall injury, speaking to a Chicago slip and fall attorney can inform you of your legal options. But what is “reasonable” action to prevent a slip and fall injury? To determine “reasonableness”, a court will investigate whether the owner kept their property safe and clean. Some questions that might arise include:

• Did a dangerous condition exist long enough for the property owner to have known about it?
• Does the property owner regularly maintain the premises?
• Was an object poorly placed to create a dangerous condition?
• Could a warning have been given to prevent the slip and fall injury?
• Did poor lighting contribute to the slip and fall injury?

An important determining factor will be whether your own negligence was the cause or highly contributed to your slip and fall accident. If your own carelessness was the reason for your slip and fall injury, then you may not be entitled to financial compensation. Questions you might ask yourself include:  

• Did I have a legitimate reason to be in the dangerous area?
• Would a careful person have suffered the same type of slip and fall injury?
• Did I ignore warnings that there was a dangerous condition?
• Did my actions or distractions contribute to the slip and fall?

When determining fault in a personal injury case, a court may use the rules of comparative negligence. This will assess the percentage of blame that can be placed on the parties involved. In other words, it may be determined that you were 30% responsible for your own slip and fall injury, while the property owner was 80% responsible. These percentages will be factored in to the damages that you receive.

How much compensation will I receive for my slip and fall injury?

Besides the percentage of comparative negligence, there are a number of factors that will determine the amount of your personal injury compensation. These include the extent of your injury, and how that injury has affected or will affect your ability to work. You may recover damages for wages that you’ve lost, as well as for wages which your injury will prevent you from earning in the future, plus medical bills and other accident-related expenses. A Chicago slip and fall lawyer can help estimate the value of your claim after looking at all the details.

Hiring a Chicago Slip and Fall Lawyer

After a serious slip and fall accident, you should be able to recover from your injuries without worrying about court documents and filing paperwork. While you adjust to life after your injury, you can take comfort in knowing you don’t have to handle an Illinois personal injury lawsuit alone. When you have the help of a trusted Chicago slip and fall lawyer from the Law Offices of Barry G. Doyle, P.C. you’ll get expert legal advice and guidance concerning your long term needs. Contact us today for a free case evaluation – 312-263-1080