Illinois premises liability laws require businesses, individuals, and government agencies to maintain their properties in a reasonable fashion so as to prevent injuries to visitors. If you were injured because a walkway was defective, you may have the right to file a personal injury claim to seek compensation for your losses.
The Geneva defective walkways accident attorneys at Feagans Law Group P.C. can help you prepare your compensation claim. Contact us today to schedule a free consultation, call (630) 940-2093.
How Our Personal Injury Lawyers Can Help If You Were Harmed on a Defective Walkway
If you were injured because of dangerous conditions on someone else’s property – including from defective walkways – you should not have to pay for the property owner’s negligence. Still, recovering fair compensation after an investigation of this nature can prove difficult as negligent property owners may try to argue that they did not cause or know about the hazardous condition. Recovery fair compensation may rely on having a Geneva premises liability lawyer who can:
- Investigate the accident and identify the parties responsible for maintaining the walkways
- Gathering evidence that shows the property owner knew or should have known about the dangerous condition
- Demanding access to inspection and maintenance records that show the property owner failed to take reasonable steps to correct the hazardous condition
- Reviewing applicable insurance policies for coverage for such accidents
- Compiling information about the damages you sustained
- Negotiating with the insurance company for compensation that fairly compensates you for the short- and long-term impact of your injuries
- Taking your case to court if the insurance company refuses to make a fair settlement offer
At Feagans Law Group P.C., we have successfully resolved more than 400 personal injury cases in Geneva and have a greater than 99% success rate. We offer our services on a contingency fee basis, so you won’t pay any attorney fees upfront or any at all unless we recover compensation for you. Contact us today for your free, no-risk legal consultation.
What Is a Defective Walkway?
A defective walkway is a dangerous area where pedestrians are known to walk. The walkway may not have been built to code, or it could pose a hazard due to wear and tear, storms, water damage, or other issues. Defective walkways include sidewalks, but they can also include paths, trails, and other walkways.
Types of Defective Walkways
Walkways may be defective for various reasons, but some of the most common types of defective walkways include those that have:
- Vertical separation – Vertical separation typically indicates that there is more than ¼ inch between two panels of a sidewalk. This is often caused by settlement of a utility trench or damage from tree roots.
- Horizontal separation – Horizontal separation involves more than ½ inch of separation in the width of sidewalk panels or at cracks.
- Spalling – Spalling happens when cement has deteriorated and the surface below is exposed.
- Missing sections – The walkway may have complete missing sections or pieces.
- Multiple cracks – The pavement or sidewalk may have cracked to the extent that no portion is larger than one square foot.
- Holes – Holes may have formed in the walkway, posing tripping hazards.
Common Causes of Defective Walkways
Walkways may be defective for various reasons. Some of the most common causes of these defects include:
- Cracks in sidewalks
- Potholes
- Broken steps
- Faulty drainage systems
- Tree root damage
- Exposed rebar
- Inclines that are too steep
- Missing landings or handrails
- Walkways not built according to code
- Insufficient lighting that prevents visitors from being aware of the danger
Who Is Responsible for Defective Walkways?
Generally, the property owner is responsible for maintaining walkways. Private property owners are responsible for maintaining walkways leading to their homes, and business owners are responsible for the walkways leading to their businesses. When the city owns a sidewalk, it is generally responsible for maintaining it.
In Geneva, Illinois, a local ordinance states that the owner or occupant of lands abutting any street, road, or public highway in the town side sidewalks adjoining their lands are responsible for keeping the sidewalks free from obstruction, which includes snow and ice. These property owners are responsible for removing such hazards as soon as practicable but no later than 48 hours after they arise. If you were injured because of snow or ice on a sidewalk and the property owner did not comply with these requirements, you might have a personal injury claim against them.
What Damages Can I Recover in a Personal Injury Claim?
Your personal injury claim can seek compensation for damages you suffered as a result of the negligent condition of the property, including:
- Past, current, and future medical expenses
- Lost income
- Reduced earning capacity
- Impairments and disabilities
- Pain and suffering
- Lost enjoyment of life
Our attorneys can carefully review your claim and determine the damages you may be entitled to.
What to Do After a Defective Walkway Accident
If you were injured in a defective walkway accident, take the following steps to protect your rights:
- Report the accident – Notify the property owner of the accident. Ask for a copy of your accident report.
- Seek immediate medical attention – Prioritize your health by getting checked out by a doctor.
- Document the scene – Take pictures of the defective walkway. Keep your clothing and shoes, which may have substances or other evidence of what caused your injuries. Ask witnesses to write down their contact information.
- Contact a personal injury lawyer – These cases can be complicated, so it’s best to work with an experienced lawyer.
What Is the Time Limit to File a Personal Injury Lawsuit in Illinois?
Illinois generally provides two years to file a personal injury claim after an accident. However, if the case is against the government, you must reserve your right to file a claim for damages by filing notice with the Attorney General and Court of Claims within one year of your accident or filing a lawsuit with the Court of Claims within one year.
Contact Us for a Free Consultation
You can discuss your defective walkway case with an experienced Geneva personal injury lawyer from Feagans Law Group P.C. by calling today for a free case review. We can investigate your case and gather evidence to show the property owner was negligent in maintaining a safe walkway. Contact us today to get started.