Slip & Fall Injuries in Chicago

Slip and fall accidents are among the most common types of personal injury cases in Illinois. They often occur in grocery stores, big box stores, Targets, Home Depot and all other stores open to the public. Injuries can be serious, such as broken bones, head trauma, or spinal injuries. These types of cases can be difficult to prove so it is important to hire experienced slip and fall lawyers such as Zneimer & Zneimer P.C. to handle your case.

Common Causes of Slip and Fall Accidents

Slip and fall accidents are often caused by dangers that could have been prevented with proper care. Common causes include:

Wet or Slippery Floors: Spills, freshly mopped floors, or leaky coolers or refrigerators.
Uneven Surfaces: Cracked sidewalks, loose floor tiles, crumpled carpeting can lead to trips and falls.
Poor Lighting: Dimly lit areas or burnt-out lights can make it difficult to see hazards.
Obstructed Walkways: Items left in walking paths, such as boxes, equipment, or packing material can pose a tripping hazard.
Lack of Warning Signs: Failure to provide adequate warnings, such as “Caution: Wet Floor” signs, can increase the risk of accidents, especially with water that is hard to see.

Property Owner Liability in Illinois

In Illinois, property owners and business operators have a legal duty to keep their premises reasonably safe for visitors. This duty extends to addressing potential hazards promptly and providing adequate warnings when necessary. Property owners may be held liable for slip and fall accidents if it can be proven that:

They knew or should have known about the hazardous condition.
They failed to take reasonable steps to address the hazard or warn visitors of its presence.

The Notice Requirement for Property Owners

An essential aspect of determining liability in a slip and fall case is the notice requirement. Property owners are not automatically liable for hazards on their premises; they must have actual or constructive notice of the dangerous condition.

Actual Notice: This means the property owner, or their employees knew of the hazard. For example, if an employee created the hazard themselves by, for example, by spilling water on the floor or being informed that there is water on their floor and not cleaning it up.
Constructive Notice: This occurs when the hazard has existed for such a length of time that the property owner should have discovered it through reasonable inspection. For example, a customer drops grapes on the floor of a fruit market. People walk through the grapes for hours before someone slips and is injured. Obviously, the store owner should have had regular inspections in the fruit area to make sure that the aisles are free of fallen fruit.

The burden of proving notice often rests on the injured party, making it extremely important to gather evidence from surveillance footage or witness testimony to show how long the hazard was present.

The Duty of Business Owners

Business owners must regularly inspect their property to identify and address potential dangers. For example:

Routine Maintenance: Regular cleaning and repairs to prevent hazards.
Prompt Hazard Response: Quickly addressing spills, snow, or other transient hazards.
Clear Signage: Posting warning signs in areas with known dangers, such as wet floors or uneven surfaces.

Failing to fulfill these responsibilities can result in legal liability for injuries sustained on their property.

The “Open and Obvious” Defense

In some cases, property owners may invoke the “open and obvious” doctrine as a defense. This legal principle argues that if a hazard is so apparent that a reasonable person who was paying attention would have noticed and avoided it, the property owner may not be held liable. For example, a large display for Miller Light beer in the middle of the store might be considered open and obvious and there is no reason for a person who is paying attention should trip over it. However, the Plaintiff might claim that he was “distracted” from noticing the open and obvious condition. The “distraction” exception to the the open and obvious doctrine only applies if the Defendant created the distraction. For example, the store owner may have a large Miller Light Super Bowl display with cut outs of football players and cheerleaders in a store aisle. A store customer who trips over a box near the base of the display might claim that though the box may have been “open and obvious”, he was distracted because his attention was drawn to the the fancy display created by the store owner.

Contributory Negligence Defense

In almost every slip & fall case in Illinois, the Defendant will plead that the Plaintiff was contributory negligent because their actions contributed to their own injuries.

Illinois has a comparative fault system. Under Illinois comparative fault system, if the injured party is over 50% at fault, then the Defendant wins and the Plaintiff gets no money. If the Plaintiff, however, is less than 50% at fault then the Plaintiff can recover but the money award is reduced by what percentage the Plaintiff was at fault.

For example, the Plaintiff slips and falls on water that is leaking from a grocery store cooler and suffers serious injuries. The jury finds that the store is 70% at fault and finds that the Plaintiff is 30% at fault for failing to keep a proper look-out and awards a total of $100,000. Under this scenario, the Plaintiff’s award would be reduced by 30% and they would receive $70,000.

Why Hiring an Experienced Slip and Fall Lawyer is Important

An experienced personal injury lawyer can:

Gather Evidence: Identify and collect critical evidence such as surveillance footage, maintenance records, and witness statements.
Prove Negligence: Demonstrate that the property owner failed to meet their duty of care.
Counter Defenses: Effectively challenge claims like the “open and obvious” defense.
Hire an Expert if Necessary: In some cases it might be necessary to hire an architect or other expert to prove code violations and to help prove negligence.
Maximize Compensation: Ensure that you receive fair compensation for medical bills, lost wages, pain and suffering, and other damages.

Slip and fall cases often involve Summary Judgement motions to dismiss. If you do not have an experienced lawyer who can and respond and defeat this motion, your case may be over before you even reach the trial. The slip & fall lawyers of Zneimer & Zneimer P.C. have handled many slip & fall cases and we have achieved great results for our clients.