Experienced Attorney Handling Premises Liability Cases on Behalf of Clients in Cook County
When you shop at a store, go to the doctor’s office, or visit another person’s property, you trust that it is safe. However, what happens if you slip and fall while on someone else’s property? Are they responsible for your injuries? Will the property owner claim that you were at fault? At Fotopoulos Law Office, we regularly represent clients who were injured at grocery stores, shopping centers, medical offices, sports arenas, and more. Our experienced personal injury attorney has successfully handled countless slip and fall cases, and we look forward to discussing how we can help you receive the compensation you deserve for what you have been through.
What Are Slip and Fall Injuries?
A slip and fall case is a type of premises liability claim in which a visitor who was injured on someone else’s property seeks financial compensation from the owner of the property where their injury occurred. Slip and fall cases fall under the larger umbrella of premises liability cases, and they are based on the legal theory of negligence.
As a general rule, property owners owe a legal duty to those they invite upon their land. A land owner’s invitation can be made expressly or it can be implied based on the surrounding circumstances. For example, in a store that is open to the public, the owner has given implied permission for people to enter and use the property. Under Illinois law, the reason for a guest’s visit is not important, as long as they are on the property with permission. All property owners must exercise reasonable care in ensuring their property is safe for visitors.
What Are a Business’s Duties to its Customers?
While slip and fall cases can arise anywhere, many of these accidents happen at supermarkets, home improvement stores, shopping malls, and other businesses. These businesses must exercise reasonable care in keeping their property safe. Generally, this includes fixing any and all known dangers on the property and warning customers about hazards that could potentially lead to injuries. For example, grocery stores must clean up spilled liquids when they learn about the spill. Additionally, the grocery store should place “wet floor” signs in areas where floors may present slipping hazards that could lead to injuries.
The Illinois Premises Liability Act clarifies that certain duties fall outside the scope of those owed to customers:
- Businesses are not liable for injuries resulting from falls caused by “open and obvious” hazards.
- Businesses are not liable for injuries caused by defects they did not know about.
- Businesses are not liable for injuries related to a guest’s misuse of the property.
In most Illinois slip and fall cases, businesses will attempt to defend against an accident victim’s claim by asserting that the hazard was “open and obvious” or that they lacked knowledge of the specific danger causing the victim’s injuries. To overcome these claims, it is important to work with a personal injury attorney who can demonstrate that the negligence of a business or its staff was directly responsible for the injuries suffered in a slip and fall accident.
Damages in Slip and Fall Cases
Accident victims who successfully pursue slip and fall claims in Illinois can recover financial compensation for their economic and non-economic damages. Economic damages are the out-of-pocket expenses or other financial losses that occurred because of the accident, as well as the money a person could have earned if they had not been injured. Economic damages include:
- Medical bills
- Future medical expenses
- Lost wages
- Decrease in a victim’s ability to earn an income in the future
On the other hand, non-economic damages provide compensation for the emotional impact that the accident had on a victim’s life, and they may include:
- Emotional distress
- Physical pain and suffering
- Loss of familial relationships
- Disability and disfigurement
Both economic and non-economic damages are critical to a full recovery. However, establishing non-economic damages is typically more difficult, because doing so requires accident victims to tell a compelling story about how the accident impacted their lives. For example, what activities did you previously enjoy that you can no longer participate in because of your injuries? Did you miss out on any important family events or milestones while you were recovering? Are you suffering from long-term mental health issues related to your injuries and the resulting limitations you have experienced? Answers to these questions will help your attorney create a compelling case to recover the maximum amount of damages possible in your case.
Contact a Joliet Slip and Fall Injury Attorney Today
If you or a loved one have suffered injuries while on another’s property, you may be entitled to compensation through a personal injury lawsuit. At Fotopoulos Law Office, we have extensive, hands-on experience helping accident victims and their families recover the compensation they need to move on with their lives. To schedule a free consultation with a Will County slip and fall lawyer, contact us today by calling 708-942-8400. Because we accept all premises liability cases on a contingency basis, we will not bill you for our services unless we recover compensation on your behalf. We handle cases in Cook County, Will County, DuPage County, and the surrounding areas.
Slip & Fall Accidents Attorneys Homer Glen, IL
Slip & fall accidents can happen to anyone, at any time, and in various circumstances. In unfortunate situations where someone else’s negligence or misconduct was responsible for an accident or injury, the injured party may have grounds for a personal injury case.
Personal injury law is designed to provide compensation for people who have been harmed due to another person’s actions or their failure to act responsibly. Fotopoulos Law Office is dedicated to providing comprehensive legal support for personal injuries resulting from slip & fall accidents in Illinois. We will work to secure fair compensation for our clients.
Understanding Slip & Fall Accidents
A slip and fall accident falls under the category of premises liability. This area of law states that property owners and managers have a responsibility to maintain a safe environment for visitors. When they fail to do so, and an injury results, they may be held accountable.
These accidents can occur on both private and public property. Whether it’s a grocery store, a parking lot, a restaurant, or a residential home, the owner has a duty to address any known hazards.
Establishing Negligence and Liability
To have a successful personal injury claim, you must demonstrate that the property owner was negligent. This means proving four key elements. First, that the owner owed a duty of care to you as a visitor. Second, that they breached that duty by failing to maintain the property safely.
Third, you must show that this breach was the direct cause of your injury. Finally, you need to prove that you suffered actual damages, such as medical bills or lost wages. Our firm is prepared to help you gather the necessary evidence to build a compelling case.
Common Causes of Accidents
Slip and fall accidents are often the result of preventable hazards. Common causes can include liquid spills on a floor, especially when there are no warning signs. Uneven or cracked sidewalks and poorly maintained staircases are also frequent culprits.
Other factors include loose or torn carpeting, poor lighting in a walkway, and cluttered aisles. Icy or wet walkways that are not properly cleared can also lead to serious falls. These situations highlight a failure to properly maintain a safe environment.
What to Do After an Accident
The actions you take immediately following a slip and fall can have a significant impact on your legal claim. Your health is the first priority. Seek medical attention as soon as possible, even if you believe your injuries are minor. Some injuries, like whiplash or concussions, may not present symptoms until hours or days later.
If you are able, document the scene. Take photos of the specific hazard that caused the fall, the surrounding area, and your injuries. Gather the contact information of any witnesses who saw what happened. It is also important to report the incident to the property manager or owner and obtain a copy of the incident report.
Securing Fair Compensation
The goal of a personal injury case is to recover compensation for your damages. This can include reimbursement for medical expenses you have already incurred, as well as the cost of future medical treatments and rehabilitation. If you were unable to work because of your injuries, you may also be entitled to compensation for lost wages and a loss of future earning potential.
Additionally, compensation can be sought for non-economic damages. This includes things like pain and suffering, and the emotional distress caused by the accident. The full extent of your damages is carefully calculated to ensure you receive a fair settlement.
The Value of Legal Representation
Dealing with a personal injury claim on your own can be overwhelming. Property owners and their insurance companies may attempt to deny or minimize your claim. A knowledgeable legal team can provide the guidance and advocacy you need. We handle all communications with the other party, allowing you to focus on your recovery.
Our firm is committed to gathering all evidence, including accident reports, witness statements, and medical records. We have a thorough understanding of Illinois personal injury law and how it applies to your specific case. By preparing your claim meticulously, we can negotiate on your behalf to secure the compensation you deserve.
Serving the Homer Glen Community
For residents of Homer Glen, having a local legal advocate can make a difference. Fotopoulos Law Office is a dedicated member of the community with a reputation for helping local families. We are well-versed in the court procedures and local regulations that may impact your case. We are ready to stand with you and fight for your rights.