Slip and fall cases are a type of personal injury case that may commonly when to a negligent property owner does not maintain their property. This might be the result of a slippery floor or something more permanent like a fissure in a business’s walkway.
When a visitor on another person’s property suffers serious injuries in a fall, a Will County slip and fall lawyer could work to hold the property owner liable for damages. If you experience such a situation, a dedicated personal injury attorney could evaluate your case and fight to protect your legal rights and recovery.
Proving Liability for an Injury Claim
Slip and fall cases are typically based on negligence law. Injured plaintiffs may be tasked with proving the following elements:
- The proper owner knew about potential hazards on the property
- The property owner did not warn the visitor or reasonably maintained the property
- The plaintiff suffered injuries as a result of the property owner’s negligence
A plaintiff may need to prove whether or not the unsafe condition was temporary or permanent. In cases where the condition was temporary, the length of time it existed may make it difficult for the plaintiff to prove their case. If the plaintiff who fell cannot determine what caused them to fall, it may be difficult for a slip and fall lawyer in Will County to prove liability on their behalf.
Legal Duty Owed to Visitors
Slip and fall cases may hinge on whether a visitor falls under the category of a licensee, invitee, or trespasser. These terms could carry significant weight in slip and fall cases and might dramatically affect their outcome. Under common law, there was once a different standard of care owed to each category, but these distinctions were abolished after the Premises Liability Act was passed.
Invitees may include customers, spectators, babysitters, independent contractors, and firefighters, who might enter the property for the economic benefit of the owner. Licensees may include social guests and those who might enter the property for their benefit and not for the interest of the owner. Trespassers are considered those who enter a property without the express permission or consent of the owner.
The Illinois Premises Liability Act further details the legal duty that an owner of the property must extend to licensees and invitees. A property owner may be held responsible for slippery surfaces and other dangerous conditions if they failed to exercise reasonable care to protect visitors from these hazards.
Statute of Limitations for Filing a Lawsuit
An injured person pursuing compensation from an allegedly negligent property owner must know the time limit that they have to file a claim in civil court. 735 Illinois Compiled Statutes 5/13-202 states that an injured plaintiff has two years to bring a claim in court. The “clock” starts running on the date the slip and fall accident occurred.
If the injured plaintiff does not file a lawsuit in the state’s civil court within the two-year period, the court may dismiss the case, and the plaintiff could be barred from pursuing compensation for any injuries suffered from the accident. Statute of limitations may be in place for any personal injury, be it a slip and fall or a car accident. A plaintiff could seek assistance from a slip and fall lawyer in Will County to ensure they do not miss this deadline or any others pertinent to their case.
Contact a Will County Slip and Fall Accident Lawyer
If you suffered serious injuries in a slip and fall accident as a result of negligence on the part of a property owner, you may be eligible to file a lawsuit to seek fair compensation for injuries sustained by the accident. To learn more, call a skilled Will County slip and fall accident lawyer and schedule a consultation to talk about how you could seek justice and work together to hold the party or parties responsible for your injuries accountable.
