Can I Initiate a Personal Injury Claim if I Suffer a Slip and Fall Accident?
If you have suffered a slip and fall accident, it is important to know your legal rights because you may be entitled to compensation for your injuries and medical expenses. If you suffer a fall on another person’s property, the property owner or the person responsible for maintenance of the property may be liable for your injuries.
Each slip and fall case will involve different crucial facts, which is one of the reasons it is vital to contact an experienced Illinois personal injury attorney. Rubens and Kress is a Chicago law firm that concentrates in personal injury cases, and we are committed to ensuring that you get the compensation that you deserve.
When Can You Claim a Slip and Fall Injury?
Negligence law is the basis for determining liability in slip and fall cases in Illinois. To assert a slip and fall claim, you must establish the following:
- The property owner had a duty to not cause you injury and to provide a safe environment that is free from dangerous conditions.
- The property owner or the person responsible for maintenance of the property was careless in fulfilling his or her duty, which created a dangerous condition that was known or should have been known.
- The property owner’s or person responsible for maintenance of the property’s failure to satisfy his or her duty caused your injury.
- You suffered damages, including medical costs.
A common example is if you are shopping at a department store and you slip on a wet patch of tile. Important facts in this situation will likely be the amount of time that the tile was wet and whether or not it was reasonable for the property owner to have discovered that there was water on the tile. An experienced personal injury attorney will be able to weigh the facts of your case and help you understand your legal options.
Types of Negligence in Illinois
In Illinois, two main types of negligence can apply to your potential slip and fall claim, and will subsequently affect whether you have a successful claim and how much you can expect to collect.
If you are found to be more than 50 percent at fault for your injuries in a slip and fall accident, then contributory negligence is the controlling law and the injured person is not entitled to collect compensation from the other party.
If you are found to be less than 50 percent at fault for your injuries, then the laws of comparative negligence apply and the amount of compensation that the injured person can collect will be reduced proportionately based on his or her own carelessness related to the accident.
Contact Rubens and Kress Today
As experienced Illinois personal injury attorneys, we will carefully listen to the facts surrounding your slip and fall accident and examine your best legal options. With no fee unless you collect, we are committed to ensuring that you receive the compensation you deserve. To further discuss your legal options, contact Rubens and Kress online, at (312) 201-9640, or toll-free at (866) 890-9640.