Hazard vs. FaultSince 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?
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.