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What to do if You Slip & Fall on a Business’s Premises

Premises Liability Law

Specific regulations hold property owners accountable for injuries that occur on their property due to unsafe conditions. These regulations apply to both residential and business premises. Premises liability laws deal with all types of claims, including slip and fall injuries.

Illinois limits property owners’ liability in some instances, depending on whether or not the person who is injured is an invitee, licensee, passerby, or trespasser. Each of these individuals is treated differently under Illinois law, with the property owner’s responsibility varying accordingly.

Business Premises Liability in Slip and Fall Accidents

In order to have a claim against a business if you are injured in a slip and fall situation, the business or store must be negligent, and the negligence must be the cause of your accident. Just because you happen to fall in someone’s store or place of business does not necessarily mean the owner or manager will be found to be at fault.

Determining if You Were Careless or the Owner was Negligent

Before proceeding with a slip and fall case, it is wise to decide whether or not your own carelessness contributed to your accident. Rules of “comparative negligence” come into play and help measure your own reasonability of the decision that led you to go where you did just prior to the accident. You will need to ask yourself some questions about your own conduct—because you can be sure that the insurance adjuster will definitely ask them.

It is not your responsibility to “prove” you were careful; however, you will want to have the answers to these questions clear in your head to make certain the adjuster knows you were not careless:

  • Should the owner have anticipated that you would be in the dangerous area because you had a legitimate reason for being there?
  • Would a careful person have noticed the danger? Been careful to avoid it? Or walked more carefully so as not to slip or trip?
  • Were there any warnings—posted or otherwise—that the spot where you fell might be dangerous?
  • Were you not paying attention, doing something other than watching where you were going?
  • Were you running, jumping, or goofing around in a way that made it more likely you would fall?

Consult with an Experienced Personal Injury Attorney

Before agreeing to any type of settlement, it is important to speak with a knowledgeable Chicago personal injury attorney about the circumstances of your accident. For expert legal advice and quality representation, call Shea Law Group at (877)-365-0040 today.