When you visit someone else’s property, you rely on them to have maintained the premises in a way that keeps you safe. Unfortunately, some property owners and operators fail to take this responsibility seriously. If you suffered an injury due to a property owner’s negligent maintenance, you deserve to be compensated.
A Naperville slip and fall lawyer could take over your claim and guide you through the legal system. By advocating on your behalf, a compassionate personal injury attorney could pursue the financial compensation you need and deserve.
Three Classifications of Visitor
In Naperville, not all visitors to a property are considered equally under the law. The difference between one person and another depends largely on the foreseeability of their presence on the landowner’s property. In many cases, why they are on the property is another important trait.
Trespassers are those whose presence is not foreseeable and who are not on the premises for a legitimate purpose. As a result, trespassers are given few rights when they are on someone else’s property. Licensees, on the other hand, are foreseeable visitors who are on the property for their own purposes, such as meter readers. Finally, invitees are those who are enticed onto the premises for the financial benefit of the property owner, including customers. Invitees are given significant legal protection under premises liability law.
Which category a slip and fall victim fits into can make a significant difference in their case. For this reason, victims may wish to retain a Naperville slip and fall attorney to advocate for correct classification and assert their rights under the law.
Comparative Negligence Rules
Claims for compensation after a slip and fall accident rely heavily on the legal theory of comparative negligence. Jurors hearing a case for compensation must apportion fault to the parties involved, including the victim. Should the jury determine that the victim was more than half at fault for their injuries, then the victim will not be allowed to recover any compensation. Should the jury find the victim less than half at fault, the total compensation will be reduced by the portion of fault assigned by the jury.
For example, if the jury decides that a slip and fall victim deserves $10,000 in damages but was 30 percent at fault for their injuries, then the victim can recover only $7,000.
A victim’s classification as a trespasser, licensee, or invitee is a crucial factor in a jury’s determination of comparative negligence. When a property owner should have anticipated the presence of the victim, or when they were relying on the victim’s presence for their own financial gain, then the law requires the property owner to take more care in maintaining their property. A slip and fall lawyer in Naperville could analyze the facts of a particular situation to rebut arguments of comparative negligence and fight for maximum compensation.
Retain a Naperville Slip and Fall Attorney
If you were injured in a slip or fall on someone else’s property, you may be able to hold the negligent property owner accountable. Even if you were partially at fault for what happened, you may still have a valid case.
A Naperville slip and fall lawyer could advance your best legal arguments in negotiations with insurance companies or even in court, if necessary. They could fight tirelessly for the full compensation you deserve. Reach out today to set up a consultation.