Slip and Fall Cases

When you shop at a store, visit the doctor’s office or visit another’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 the Fotopoulos Law Office, we regularly represent clients who were injured at grocery stores, shopping centers, medical offices, sports areas and more. Our experienced personal injury attorney has successfully handled countless slip and fall cases and looks forward to discussing how he can help connect you with the compensation you deserve for what you’ve been through.

A slip and fall case is a type of premises liability claim in which an injured visitor seeks financial compensation from the owner of the property where their injury occurred. Slip and fall cases also fall under the larger umbrella of personal injury cases, meaning 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 express or implied based on the surrounding circumstance. Under Illinois law, the reason for a guest’s visit is not important, provided they are there with permission, because all property owners must exercise “reasonable care” in ensuring the property is safe.

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 the property safe. Generally, this includes fixing any and all known dangers on the property and warning customers about those hazards that cannot be made safe. For example, grocery stores must clean up spilled liquids when they learn about the spill. Additionally, the grocery store should also place a “wet floor” sign down after an employee cleans up the spill to notify customers that the floor, although clean, is still wet and possibly slippery.

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; and
• Businesses are not liable for injuries related to a guest’s misuse of the property.

In most Illinois slip and fall cases, businesses attempt to defend against an accident victim’s claim by asserting either the hazard was “open and obvious” or that they lacked knowledge of the specific danger causing the victim’s injuries.

Accident victims who successfully pursue an Illinois slip and fall claim can recover financial compensation for their economic and non-economic damages. Economic damages are the out-of-pocket expenses you were forced to pay because of the accident, as well as the money you could have earned but for your injuries. Economic damages include:

• Medical bills,
• Future medical expenses, 
Lost wages, and
• Decrease in your ability to earn an income in the future.

On the other hand, non-economic damages compensate you for the emotional impact that the accident had on your life and include:

• Emotional distress;
• Physical pain and suffering;
• Loss of familial relationships; and
• 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 used to enjoy doing 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? Answers to these questions will help your Illinois personal injury attorney create a compelling case to recover the maximum amount of damages possible in your case.

If you or a loved one recently suffered injuries while on another’s property, you may be entitled to compensation through a slip and fall personal injury lawsuit. At the 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 learn more, and to schedule a free consultation with an Illinois slip and fall lawyer, reach out to the Fotopoulos Law Office at 708-942-8400. You can also reach us through our online contact form. Calling is free, and because we accept all premises liability cases on a contingency basis, we will not bill you for our services unless we can recover compensation on your behalf. We handle cases in Cook County, Will County, DuPage County, and the surrounding areas.