Trip and fall claims overlap with premises liability, but the evidence is often different from a typical slip case. Measuring and documenting the physical defect can become particularly important.
Identifying the Trip Hazard
The first question is what actually caused the fall. A photograph showing the general area may not be enough. Measurements, close photographs, lighting conditions, surrounding visual cues, and the path the person was taking can help explain why the condition was hazardous.
If the defect is repaired before it is documented, valuable evidence may be lost.
Notice and Responsibility
A property owner or occupier may dispute whether it knew about the defect or had a reasonable opportunity to discover it. Maintenance records, inspection practices, prior complaints, work orders, witness testimony, and the age or condition of the defect may become important.
Responsibility may also involve a contractor, tenant, municipality, condominium association, or other entity that controlled or maintained the area.
Sidewalk and Public Property Cases
A fall on a municipal sidewalk or other public property can involve the Illinois Tort Immunity Act and special defenses or filing deadlines. Public entities may also have statutory protections regarding certain conditions.
The identity of the property owner and the entity responsible for maintenance should therefore be determined early.
Open and Obvious Conditions
Defendants often argue that a height difference, curb, step, or obstruction was obvious and should have been avoided. Illinois law recognizes the open and obvious doctrine, but the analysis is not always the end of the claim. The surrounding circumstances and recognized exceptions can matter.
Comparative fault can also affect recovery if the injured person is found partly responsible.
Injuries and Damages
Trip and fall accidents can cause wrist fractures, shoulder injuries, knee injuries, ankle injuries, head trauma, and other conditions that require surgery or 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 because of an uneven or obstructed walking surface, Michael J. Lucas & Associates, LLC can investigate the condition, identify the responsible parties, and help you understand the premises liability issues involved.
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.