If you or a loved one were recently hurt in a slip and fall accident in Illinois, it’s important to understand that making a claim isn’t a straightforward process. Determining fault and proving that a property owner was to blame for the accident can be difficult and complicated.
Thankfully, having an experienced legal advocate on your side can make things easier. The trusted Illinois premises liability lawyers with Levin & Perconti can help walk you through how to determine fault after a slip and fall accident and get the justice you deserve.
On this page, our attorneys will explain Illinois’ slip and fall laws, how fault is determined in premises liability claims, and how to give yourself the best chance of recovering compensation after an accident.
What Is the Slip and Fall (Premises Liability) Law in Illinois?
The Illinois Premises Liability Act requires property owners to exercise reasonable care for the safety of guests, including keeping their property free of hazards. This means they can be held liable for slip and fall accidents and other injuries that occur on their property.
Every U.S. state has some kind of premises liability law, with some differences in certain aspects, such as the deadline to file claims and how shared liability is handled. Illinois has a two-year statute of limitations for personal injury claims, including slip and fall lawsuits. The state also follows a “modified comparative negligence” standard, which allows a victim to recover partial compensation for an injury they were less than 50% responsible for.
What Does It Mean to Be “At Fault” in a Slip and Fall Case?
Under the Premises Liability Act, a property owner is “at fault” when they violate their duty of reasonable care to visitors on their property. In a slip and fall case, this could mean that the owner knew of a spill or other hazard and either failed to fix it or did not adequately warn guests of its presence.
One exception to premises liability in Illinois is for snow and ice. Property owners aren’t required to remove any “natural accumulation” of snow, ice, or melted water and aren’t liable for injuries caused by them.
Keep in mind Illinois’ “open-and-obvious” rule: if a danger is open and obvious, the owner’s duty may be limited unless an exception applies.
If the property owner claims they were unaware of the hazard that led to your accident, you must prove that they reasonably should have known about it to prove they were negligent. For instance, you can find evidence showing how long the hazard existed, how prominent it is, or if the owner ignored reports about safety risks.
Can I Be Partially at Fault for My Slip and Fall?
Yes, it’s possible to be partially at fault for a slip and fall accident. Under Illinois’ modified comparative negligence rule, you can be barred from recovering compensation if you were 50% or more responsible for your injuries. However, if you were not primarily to blame, you can recover damages at a reduced rate proportionate to your share of liability.
For instance, if the recipient of our $500,000 slip and fall settlement was found to be 20% responsible for their injuries, they would have only recovered $400,000 in compensation. Unfortunately, this rule also gives insurance companies the incentive to shift blame onto the victim, potentially arguing that the hazard was obvious or otherwise avoidable.
Even if you think you might be partly at fault, you may still have a strong case. Let our experienced Chicago slip and fall lawyers review your situation and help you understand your rights. Contact us today for a free case evaluation.
What Types of Damages Can I Recover If I Prove Fault?
After a slip and fall injury, you can recover a variety of damages to compensate for financial losses and impacts to your quality of life. Examples of compensable damages include:
- Medical bills and future treatment costs, including physical rehab
- Lost wages and lost future earning potential
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Loss of enjoyment of life
What Steps Should I Take Right After a Slip and Fall Accident?
Though you may be feeling pain, fright, and confusion after being injured in a sudden accident, acting quickly can give you the best chance of recovering compensation. Steps to take after a slip and fall accident include:
- Seek medical attention: If you’re in serious pain or have a severe injury, it’s vital to get medical help immediately. If you’re able to stay and gather evidence, it’s still key to get treated as soon as possible.
- Document the scene: If possible, take photos of the hazards, your injuries, and your surroundings. Make sure to note whether there were any markings or signs near the hazard. Exchange contact information with any witnesses.
- Report the incident: Notify the property owner or manager right away and request a written incident report. Ask for a copy or take a photo of it for your records.
- Maintain any evidence: Keep your medical records and any receipts for expenses related to your injuries. Take notes about how the accident has impacted your quality of life.
- Contact an Illinois slip and fall attorney: An experienced lawyer can help you build a strong case and maximize your potential compensation while giving you the time and energy to focus on healing with your family.
How Long Do I Have to File a Slip and Fall Claim in Illinois?
Under the Illinois statute of limitations for personal injuries, you will have two years after a slip and fall accident to file a lawsuit. Evidence is always strongest immediately after an accident, so it’s important to get started on your case as soon as possible after getting injured.
Some exceptions allow the statute of limitations to be “tolled” or paused for a certain period of time. If the victim is a minor, the deadline is tolled until they turn 18, after which they will have the normal two years to file a lawsuit. If the victim is considered legally disabled, the deadline is paused indefinitely until the disability ends.
Talk to Our Team Today to Get Justice After a Slip and Fall Accident
If you or a loved one has been hurt in a slip and fall, the experienced legal team at Levin & Perconti is ready to help. Our skilled attorneys can help determine fault after your slip and fall accident and prove the other party’s negligence, allowing you to focus on your recovery instead of complicated legal technicalities.
The sooner you get started, the better your chance of recovering the compensation you deserve. Contact us online or call 877-374-1417 today for a free consultation.
