Slip and fall accidents can be embarrassing but they can also be crippling and debilitating. If a slip and fall accident caused serious injuries, you can demand compensation from the owner of the property where you fell. However, to claim damages, you and your lawyer will have to prove the owner is liable for the injuries you sustained.
Hazard vs. Fault
Since they have a duty of care to ensure no one is physically hurt on their premises, property owners need to take appropriate precautions. Besides proving the owner violated this duty, you also need to prove the condition that caused your slip and fall was hazardous. Unless you have an experienced attorney in your corner, this can be challenging to prove to a judge.
That’s because even though the condition may seem hazardous to your eyes, it may not seem like that to a judge. Legally, it can be deemed hazardous if conditions pose a foreseeable risk of harm. This can include icy sidewalks, broken tiles or uneven walkways. Besides proving this, you also need to show evidence the condition caused your accident.
Once the condition is deemed hazardous, you may be asked the following questions when it comes to determining fault:
- Did the accident occur because you were engaged in an act that prevented you from noticing the hazard? This can be anything from texting to engaging in a phone call.
- Were you trespassing on the property or was your presence legal? Plus, did you have a legitimate reason for being on the property?
- Did you ignore signs that were put up to warn people about the hazardous condition?
- Was there a reasonable way to proceed, which could have reduced your chances of slipping and falling because of the condition?
The proof you provided will determine whether you have a good case or instead, held liable by the owner. Whatever the case may be, you have two (2) years from the date of the accident to file your claim in court for it to be valid. The clock will start running on the date the accident occurred, not the date you file the claim.
You should act quickly if you want to give yourself enough time to file a successful lawsuit – even if you know you have a solid case. If not, the claim will at least give you leverage during the settlement discussions.
If you or someone you know has been injured in a slip and fall accident, get in touch with a lawyer at the Law Offices of Robert T. Edens today. We have been protecting the rights of victims for years and have a great track record for successful cases. If you are confused as to who is liable for your injury, we can help you clear all concerns.
Why would you leave money that you can use for your own recovery and rehab? Call us today in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, and get the compensation you need and deserve.