Dedicated personal injury litigators obtaining relief for victims who have suffered injuries in Arlington Heights, Schaumburg, Itasca, and Chicago.
The owners of a mall and its tenants have a responsibility of ensuring that the premises are maintained in such a way that makes it possible for safe travel. However, given the number of individuals who visit malls in Illinois each day, there are often a number of hazards that exist on a premises at any given time. Although the goal should be to maintain a hazard free environment, it is not expected that the premises will be entirely free of hazards at all times. However, when an accident does occur that causes injury to you or your loved one, you may be entitled to relief. For a risk-free initial consultation of your Woodfield Mall slip and fall accident, contact Newland & Newland, LLP today.
Proving Negligence in Slip and Fall Accidents
When a personal injury claim is brought for a hazardous condition that has caused an injury, there will be several factors used to determine whether negligence exists. One of the factors in proving negligence is showing that the owner or tenant was responsible for the existence of the hazardous condition or that he or she knew or should have known that the hazardous condition existed. The legal term for this is constructive notice.
Constructive notice is often difficult to prove. In a personal injury case involving a slip and fall, the following will likely be considered:
- The place of the injury: In cases where the plaintiff asserts responsibility as a result of constructive notice, the place of an injury matters. If an injury occurs in places that an owner should be aware of the likelihood of hazardous conditions, the court will use that as a factor in favor of constructive notice. For instance, it is expected that hazardous conditions exists in restrooms and cafeterias, so it is reasonable to frequently check those areas to ensure they are free from liquids and other substances. However, additional facts may need to be introduced to prove constructive notice where injuries occurred in a fitting room.
- The length of time a hazard existed: The length of time a hazard exists is another consideration in personal injury cases. The longer the time period in which a hazard is present can directly prove constructive notice. The details of the particular substance or object can be key indicators of the length of time it was there. For instance, a sticky liquid substance can indicate that it had started to dry or a piece of bread that was smashed and contains mold may be indicators of a lengthier time period.
- The cause of injury: Injuries that occur as a result of protruding objects, worn carpeting, or a broken step can also be factors used to prove constructive notice. Business owners are expected to inspect the premises each day to determine and alert visitors of these types of risks.
Newland & Newland, LLP: About our Firm
Newland & Newland, LLP is a personal injury law firm that has handled thousands of personal injury claims in the state of Illinois. Our hard work and dedication has allowed our firm to expand to better serve you. We currently have several offices located within the state including in Arlington Heights, Liberytville, Cary, and Chicago. This allows our experienced attorneys to be there when you need us.