Business premises liability claims, or even Personal premises liability claims, are more commonly referred to as slip-and-fall or trip-and-fall claims, are a common form of personal injury claim. There is a misconception among the general public about these types of claims; this belief is that if you walk onto somebody’s property, fall down, and get injured, you have a personal injury claim against the property owner. Unfortunately, it’s not that simple.
Generally speaking, for liability against a business or property owner, the owner must have done something wrong, or something negligent that caused your injury. The form this wrong takes in a premises liability case under common law is typically that the owner failed to warn or protect an individual lawfully on the premises from a dangerous condition that they knew of or should have known about. This applies to all Rockford, Machesney Park, Loves Park, and Illinois State premises liability cases.
In determining a property owner’s level of responsibility, the law concentrates on whether the owner makes an effort to keep the property safe and clean. Here are some initial questions you can ask to determine whether a property or business owner may be liable for your slip-and-fall or trip-and-fall injuries:
- If you tripped over a torn, broken, or bulging area of carpet, floor, or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough that the owner should have known about it?
- Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what proof does the owner have of this regular maintenance?
- If you tripped over or slipped on an object that someone had placed or left on the floor or ground, was there a legitimate reason for the object to be there?
- If there had once been a good reason for the object to be there, but that the reason no longer exists, could the object have been removed, covered or otherwise been made safe?
- Was there a safer place where the object could have been located, or could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
- Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
- Did poor or broken lighting contribute to the accident?
Slip and Fall Accident Liability
Liability is generally an issue with slip-and-fall or trip-and-fall cases, as the insurance company can almost always find some necessary element in the facts to fight about. Documentation is extremely important, and having photographs, video footage, witnesses at the scene, or documented correspondence that demonstrates prior knowledge of a dangerous condition by a business or property owner can greatly strengthen a claimant’s position. Not all injuries result in a viable personal injury claim.
An experienced attorney can give you an unbiased opinion on whether your claim is worth pursuing, and, if so, how to properly document and preserve the evidence.
Common Types of Premises Liability Cases
When someone has suffered an injury on someone else’s property, they may be able to file suit in order to obtain compensation for lost earnings, medical bills, permanent physical disabilities, disfigurements, and pain and emotional distress caused by the accident.
Injuries on a premises that can lead to a premises liability claim include:
- Slip and fall accidents on wet floors, staircases, escalators, etc.
- Attacks by dogs or other animals
- Exposure to hazardous or toxic substances like lead, mold, asbestos, or unsanitary conditions
- Structures that have been neglected or improperly maintained
- Catastrophic accidents involving machinery, heavy equipment, farm equipment, agricultural equipment, or large vehicles that could seriously hurt or kill someone
Contact Us for a Confidential Consultation Today
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about your premises liability case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.
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