Not every fall creates legal liability. The important questions are what caused the loss of footing, who was responsible for the area, and whether the condition was created, known, or reasonably discoverable by the defendant.
What Caused the Slip?
The precise cause matters. A vague statement that the floor was slippery may be insufficient if there is no evidence explaining why. Photographs, surveillance video, footwear, weather information, cleaning logs, witness accounts, and incident reports can help establish the condition.
In retail or restaurant settings, evidence may show that an employee created the condition or that a spill remained long enough that reasonable inspection should have discovered it.
Snow and Ice Claims
Illinois snow and ice cases can involve additional legal principles, including distinctions between natural accumulations and conditions created or aggravated by human activity. Contracts with snow removal companies, drainage patterns, refreezing, plowing practices, and property design may all become relevant.
Because weather conditions change quickly, photographs and contemporaneous records can be especially important.
Notice and Inspection Practices
A business is not automatically liable simply because a substance appeared on the floor. The claim may depend on whether the defendant created the condition or had actual or constructive notice of it.
Inspection procedures, employee testimony, cleaning schedules, video, and evidence about how long the condition existed may help address notice.
What if the Condition Was Obvious?
A defendant may argue that a reasonable person should have seen the slippery condition. Illinois law can treat open and obvious hazards differently, but the analysis depends on the particular facts and recognized exceptions may apply.
Comparative fault can also become relevant if the injured person is alleged to have failed to use reasonable care.
Injuries and Damages
Slip and fall accidents can cause fractures, torn ligaments, back injuries, head injuries, shoulder injuries, and other conditions requiring surgery or extended rehabilitation.
Potential damages may include medical expenses, lost income, pain and suffering, disability, disfigurement, and loss of normal life when supported by the evidence.
If you were injured in a slip and fall, Michael and his team can investigate the condition, determine who controlled the area, evaluate notice and comparative fault issues, and help you understand whether a premises liability claim may be appropriate.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.