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Illinois Slip and Fall Law: The Basics

Posted on in Slip and Fall
Illinois Slip and Fall Law: The Basics

Slip-and-fall cases in Illinois come under the area of tort law known as personal injury. In case of such an injury, you may be eligible to collect compensation for the damage suffered to help pay for expenses including your medical costs. If you are experiencing injuries caused by another person, company, or establishment, contact a slip and fall personal injury lawyer to find out if your injuries are eligible for compensation. However, prior to filing a suit, you should have basic knowledge of Illinois premises liability.

What is a Slip-and-Fall Case?

If someone trips or slips on another person's property, that person can file a slip-and-fall lawsuit to obtain compensation for any damage caused.

Illinois Slip-and-Fall Liability

Liability in Illinois slip-and-fall cases is based on negligence law, which varies from state to state. To prove a property owner to be negligent, it must be first proven that the owner had the duty of not causing you injury and failed in doing so. After that, a connection between the failure of this duty and your injury must be established. Finally, you must show that you suffered damages, like medical costs.

Negligence in Illinois Slip and Fall Cases

There are various types of negligence in Illinois, and it is important to understand which ones could be relevant to to your slip-and-fall case. This will help determine whether you can file a lawsuit and how much you can potentially collect.

  • Contributory negligence: If you are more than 50% at fault for your own injuries, you stand to collect nothing under the contributory negligence law in an Illinois slip-and-fall case.
  • Comparative negligence: When the amount of your partial fault for your injuries is less than 50%, the amount that you can collect will be reduced in proportion to your own level of fault.

Lastly, Illinois also has joint and several liability laws, under which, you can sue every party that caused your injury for the full payment of your damages, irrespective of the percentage of fault each one shares.

Filing a Lawsuit

You are allowed two years to file an Illinois slip and fall case under the statute of limitations provisions of the state. Given the limited amount of time allowed, it is critical that you consult with an Illinois premises liability lawyer today to establish the type of negligence law that applies to your case and what type of damages you can potentially collect.

It is likely that your lawyer will try to settle with the property owner's insurance company. Otherwise you might have to go to trial, which can be a lengthy and costly process.

How can I Seek Compensation for My Slip and Fall Injuries?

If you were injured in a slip and fall, call Newland & Newland, LLP today at 847-797-8000, or fill out our online contact form for a complimentary evaluation of your case. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.

(image courtesy of Obed Hernandez)

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