Slip and Fall

Chicago Slip and Fall Accident Attorney

Helping You Recover Damages in Illinois

Whether you are on commercial or residential property, the property owner has an innate responsibility to ensure their space is free of hazardous conditions. A failure to properly maintain a property can lead to deceptively serious injuries. A loose handrail, deteriorating stairwell, uneven or different sized stairs, or slick surface each have the potential to cause serious harm. Slip and fall incidents are some of the most common of what are called “premises liability” instances, and if you are injured due to a property owner’s negligence in maintaining the safety of their facility, you may be entitled to compensation.

Our Chicago slip and fall accident lawyer at the Kenny Law Firm can assist you in bringing a personal injury claim and work to recover damages for any harm you sustained. Successfully pursuing a claim for slip and fall incidents can be challenging, as you will need to establish negligence in maintaining the property and that the property owner failed to adequately address the hazardous condition that led to your injury. We can give you the guidance and strong advocacy you will need to be successful in receiving maximum compensation.

What to Do After a Slip and Fall Accident in Illinois

Falling can seem embarrassing, especially if other people were around at the time of the accident. You might feel the urge to forget the incident and leave the scene as soon as possible, but doing so will limit your options should you need to file a personal injury claim in the future.

First and foremost, you should assess your injuries after a fall. Even relatively small falls can trigger serious injuries, including dislocated limbs, broken bones, concussions, and spinal injuries. If necessary, call 9-1-1 and seek emergency attention. This will also result in law enforcement making an official report of the accident scene, including the condition of the premises and the apparent cause of your fall.

If at all possible, take pictures of the incident site immediately after a fall occurs. Focus on the elements that appear to have contributed to your injuries, including cracks, slick surfaces, spills, or areas hazardous disrepair. You should also thoroughly document your injuries as well as any personal property damage.

If there is anyone who witnessed your fall, collect their name, telephone number, and address. Their testimony could aid you in your claim later on.

If the incident took place on commercial property, there may be security camera footage, which you and your legal representation should promptly request. You should also file a formal report with the manager or supervisor on duty. Again, these proactive steps will help create a paper trail that establishes the precise circumstances of the incident.

How Slip and Fall Claims Are Decided in Illinois

In Illinois, those injured in a slip and fall accident generally have up to 2 years to file a personal injury claim. Statute of limitations can be complex, since each case is unique, so you should always act fast and consult with a personal injury attorney if you have questions concerning legal deadlines.

The state of Illinois operates under “comparative negligence” rules when adjudicating slip and fall incidents or any type of premises liability accident. In other words, the court will try and determine if you were at all responsible for causing the accident, and, if so, to what degree you contributed. In a formal trial, the jury will be asked to determine a percentage of responsibility.

For this reason, you should expect the defendant property owner to claim that you were in some way responsible for your injuries. While property owners have a duty to maintain safe premises, an injured party can be held responsible if they were inobservant, expressed poor judgment, or were otherwise not acting reasonably.

An injured party can be held partially responsible for a slip and fall incident if:

  • They were negligently doing something else in the moments leading up to the accident
  • They failed to observe that a hazardous area was clearly marked with signage, tape, or caution cones
  • They were in an area of the store they were not supposed to be

The percentage of comparative fault you are ultimately assigned will determine the extent of the damages you can recover. If you are found to be 10% at fault and the verdict is for $100,000 in total compensation, your monetary award will be reduced by 10%, meaning you can collect up to $90,000.

A successful slip and fall claim can allow you to collect compensation for medical bills, property damage, lost wages or income, physical and emotional suffering, and more. Our Law Firm can aggressively advocate for your interests both in and out of the courtroom and will do everything possible to help you obtain the support you need for your recovery.

We Care About Your Experience

  • “

    He was willing to take my case and try to get it back on track. For the first time in a long time, I felt that I just might get justice, be free to enjoy my First Amendment right to freedom of speech.

    ”

    - Shellie

  • “Thank you Jim for helping us when no one else would take the time.”

    - Michael & Peggy

  • “Thank you for all of your assistance and expertise.”

    - Brittany
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