Written by Malman Law, reviewed by Steve J. Malman.
Proving someone is responsible for injuries sustained in a slip and fall accident is not simple. While thousands of individuals are injured in these accidents each year – some seriously – not all of these individuals are able to file claims. Under Illinois law, slip and fall claims fall under the classification of negligence law. To prove someone else was liable for your injury, you must first establish that they owed a duty of care and that they breached that duty.
Sometimes the property owner is not responsible for a slip and fall injury; another party could be liable, such as the manager, the company responsible for maintaining the premises, or a combination of parties. In order for someone to be legally held accountable for your injuries, one of the following must be present:
The law is unclear as to what specifically constitutes reasonable conduct. It is purposely vague so that the circumstances of the injury can be compared subjectively. However, one thing that is clear under negligence law is that the defendant must have failed to act within a reasonable manner, and the plaintiff must prove that the defendant did not attempt regular or thorough efforts to maintain their property and prevent dangerous zones.
Some examples can include:
The defendant will attempt to prove that your own carelessness caused – or at least contributed to – the accident. Because Illinois has adopted the modified comparative negligence rule, they will attempt to measure your own level of reasonableness in determining what you did, how you did it, and if you at all contributed to the injury. Some defenses under comparative negligence that may be brought to court include:
If you were injured in a slip and fall injury, do not let the defense use comparative negligence to discredit your claim. By describing your case clearly to an insurance adjuster, you can prove that you were not acting careless and that the property owner (or other party) was responsible. Because proving these cases are difficult, it is best that you speak to a personal injury attorney. Contact Malman Law online or call 888-625-6265 now to schedule a free consultation on your slip and fall case.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024
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