Slip and fall accidents can happen anywhere, from supermarkets to shopping malls, and they often result in serious injuries. Here are slip and fall case examples from our team of Chicago slip and fall injury lawyers.
What Are Common Slip and Fall Accident Cases?
Here are some situations where slip and fall injuries and accidents occur:
A Grocery Store with Debris in an Aisle
The property owner could be liable for not regularly cleaning and maintaining the store and for not using warning signs to alert visitors to potential hazards.
Spills in Restaurants or Stores
People often slip and fall due to spills or leaks on the floor, like when a customer drops a drink. Workers must regularly inspect the area for any spills that might lead to a slip and fall incident.
Poor Maintenance in a Building or Stairwell
Landlords are usually responsible when poor maintenance causes injuries on their property. This includes things like broken stair railings, poorly lit hallways, or neglected walkways.
Spills in the Restroom of an Office Building
In a slip and fall lawsuit, the building or business owner might be held liable for the accident. They are responsible for keeping the place safe for employees and visitors, which means regularly cleaning up spills or hazards.
Falls on Snow or Ice
In winter, many people get injured on snow and ice. Property owners must clear snow and ice from sidewalks, driveways, parking lots, and stairs within a reasonable time after a storm. If there is an unnatural accumulation of ice and snow, and someone slips and falls, the property owner might be responsible if the person who slipped suffered severe injuries.
Cracks in the Pavement or Walkway
If you trip and fall because of uneven pavement, potholes, or sidewalk cracks, you might qualify for compensation. However, if the defect is minor under the de minimis rule, it might not be considered dangerous enough for legal action. Typically, courts require a height difference of at least 2 inches for a claim to be valid.
Why Can a Slip and Fall Claim Be Denied?
Many potential clients are unsure about what exactly makes a fall case compensable. Insurance companies and defendants often use common defenses to claim that a fall isn’t their fault and therefore not compensable.
Outside Slip and Fall Cases
The Natural Accumulation Doctrine protects property owners from lawsuits related to falls on snow and ice that result from natural accumulation. Compensation is only available for falls caused by unnatural accumulations due to the owner’s negligence. To challenge natural accumulation claims, documentation and expert opinions proving negligence are required.
Inside Slip and Fall Cases
- According to the natural accumulation rule, accidents caused by customers bringing water or snow into a store are not eligible for compensation.
- The difference between actual and constructive notice is simple: actual notice means directly knowing about a hazard, while constructive notice means it should have been known. For constructive notice, the hazard needs to be obvious or have existed for at least 15 minutes.
- The “open and obvious” doctrine states that property owners aren’t responsible for hazards that are clearly visible and should be avoided by visitors.
Workplace Cases
According to the Occupational Safety and Health Administration (OSHA), trips or slips are the second-most common workplace injuries leading to falls, with 20-30% resulting in moderate or severe injuries like bruises, broken bones, or concussions. Slips, trips, and falls cause nearly 700 workplace fatalities annually, accounting for 15% of workplace deaths.
OSHA considers a quarter inch as the official trip hazard height. Any floor level change of ¼ inch or more is a tripping hazard.
Slip and Fall Cases in Illinois
The US Bureau of Labor Statistics reports in Illinois, slip and fall accidents accounted for 13% of workplace fatalities in 2022. Slip and fall accidents are common personal injury cases, with severe injuries occurring from situations like slipping on liquid in a grocery store or tripping on a sidewalk crack.
What Is the Illinois Premises Liability Act?
In Illinois, the Premises Liability Act places a duty of care on property owners to maintain their premises in a reasonably safe condition and warn visitors of any potential hazards.
What Proof Is Required after a Slip and Fall Injury?
To build a strong slip and fall case, a personal injury lawyer needs to establish certain key elements:
- Duty of care: The property owner is legally responsible for keeping their premises safe for visitors.
- Breach of duty: If the owner didn’t address a known hazard or didn’t warn visitors about potential dangers, they may have breached their duty.
- Causation: You must show that the owner’s breach directly caused the slip and fall accident.
- Damages: The victim must have suffered physical or financial harm because of the slip and fall accident.
Contact Chicago Slip and Fall Accident Attorneys
At The Kryder Law Group, LLC Accident and Injury Lawyers, our seasoned personal injury attorneys are well-versed in premises injury cases. We’re dedicated to securing fair slip and fall settlements for clients who have endured severe injuries; compensation can include medical expenses, lost wages, ongoing medical treatment, and more.
Find More Answers: All You Ever Wanted to Know About Slip & Fall Accident Claims
November 15th, 2024
(312) 223-1700