Winter is Coming – Premises Liability and Slips and Falls
Those living in Illinois are uncomfortably familiar with the treacherous conditions that can come with winter here. The weather often happens too quickly and suddenly for property owners to properly maintain the safety of their premises, and it is all-too-easy to slip and fall on a patch of ice. This is where premises liability, the area of law that holds property owners legally responsible for accidents or injuries that occur on their property, comes in.
In the state of Illinois, the critical point that an injured party must prove is that his injury directly resulted from the property owner’s negligence in maintaining safe conditions on the property involved. Property owners may try to avoid shouldering the blame by posting warning signs about icy conditions, or, in a non-weather-related scenario, displaying caution signs around wet areas on the floor.
Victims of slip and fall cases must prove that their injury was not due to their own careless or irresponsible behavior, and property owners may make the claim that they were unaware of dangerous conditions, or that the conditions occurred right before the injury and before the owner could take measures to remedy them. It is, however, the responsibility of property owners to stay aware of the state of their property, and in inclement weather to ensure that its safety is maintained.
Slip and fall victims should visit a doctor as soon as possible after their accident occurs, to assess the severity of their condition. They should keep all medical records on file, as well as records of how much work they missed and lost income involved, and records of any additional costs incurred, such as physical therapy, medications, and transportation for medical visits.
Victims should consult an attorney soon after their accident as well – some attorneys recommend within 30 days – to enforce the credibility of their case. This way the victim has the best chance of receiving the damages that she deserves for medical expenses, lost income, and pain and suffering incurred.
