Slip and fall accidents can happen on any public or private property, including grocery stores, apartment buildings, workplaces, sidewalks, or private homes. While they may sound minor, these accidents often result in serious injuries.
When a fall occurs because of unsafe property conditions, Illinois law may allow the injured person to pursue compensation from the property owner. A Geneva slip and fall accident attorney can help determine who is legally responsible, which can be complicated for the reasons discussed in the sections below.Â
Premises Liability and Visitor Status
Slip and fall cases in Illinois fall under premises liability law, which governs the duties property owners and occupiers owe to people on their property.
In traditional premises liability law, a property owner owed different duties to guests depending on whey they were on the properties. Property owners owed Invitees, a person who visits a property for business purposes, the highest duty of care. This included a duty to routinely inspect the premises for hidden dangers, fix known hazards, and warn of those that cannot be corrected right away. In contrast, property owners owed a lower duty to licensees, or social guests, and were required only to warn them of known hazards.
However, Illinois law eliminates the common-law distinction between invitees and licensees. Instead, property owners and occupiers owe all guests a general duty of reasonable care under the circumstances regarding the actions taken or not taken on the property. However, this duty does not require owners or occupiers to warn or protect entrants from dangers that are open and obvious, known to the entrant, or reasonably discoverable.
Therefore, whether a property owner is liable for your fall depends on whether they acted reasonably to prevent the conditions that led to a fall.
Common Defendants in Slip and Fall Cases
In many slip and fall cases, more than one party may be responsible for the unsafe condition that caused the injury. Under Illinois comparative fault laws, an injured person can seek compensation from any party whose negligence contributed to the accident. However, if the injured party is mostly to blame, they cannot recover any compensation.
Common defendants in slip and fall cases may include:
- Homeowners, landlords, or business owners
- Property management companies
- Stores or restaurants
- Maintenance or cleaning companies
- Municipalities or government entities
In some cases, responsibility may be shared. For example, a property owner may own the building, while a management company handles maintenance. Illinois law allows injured victims to pursue claims against all parties who played a role in creating or failing to address the dangerous condition.
How An Illinois Slip and Fall Attorney Can Help You Identify Who’s Liable
Identifying all liable parties in a slip and fall case requires careful investigation. Evidence such as surveillance footage, maintenance records, contracts, witness statements, and inspection logs can assist in determining who had control over the property and who failed to act.
An experienced Geneva personal injury lawyer can evaluate the facts of your case and identify every potentially responsible party. If you were injured in a slip and fall accident, consult a knowledgeable attorney that can help protect your rights and improve your chances of recovering fair compensation. Feagans Law Group offers free consultations.