People living in Illinois, like our neighbors in Champaign, Danville, and Kankakee, are too familiar with the dangers that winter creates from cold temperatures, freezing rain, and ice.
The beauty of winter often comes with dangers lurking beneath the white, fluffy surface, and slick walkways are a prime example. Slipping on ice can do more than ruin your day. It can leave you with expensive medical bills, missed work, and long-term pain.
So, the big question is, if you’ve experienced a slip-and-fall injury on snow or ice, do you have a case?
Understanding Illinois Law: The Natural Accumulation Rule
Under Illinois law, property owners are generally not liable for injuries caused by a natural accumulation of snow or ice, which means ice and snow that forms naturally from weather conditions such as snowstorms, sleet, or freezing temperatures. If you slip on snow or ice that is simply present due to weather conditions, the property owner usually cannot be sued for your injuries. This rule applies to both residential and commercial properties.
If your slip-and-fall occurs on someone else’s property or commercial establishment due to negligence, it may fall under premises liability.
Premises liability is the legal responsibility of a property owner to correct dangerous or harmful conditions or warn others who may enter their property. This is the duty of care they must uphold. If they fail to uphold the duty of care owed to invitees or licensees, they may be held liable for any damages, injuries, or loss on their property.
Proving a slip-and-fall claim where a property owner did not properly remove snow or ice requires evidence that shows the property owner was responsible for maintaining safe conditions and failed to do so.
To succeed in such a claim, the victim must establish several key elements:
- Duty of care: The property owner must have a legal duty to keep the premises safe.
- Breach of duty of care: They failed to remove the ice or warn guests about it in a reasonable time.
- Causation: The owner’s failure/negligence directly led to your injuries.
- Injury/damages: You suffered harm, including bruises, fractures, concussions, etc.
Those seriously injured in a slip-and-fall incident, whether visitors, shoppers, tenants, or guests – may be able to file a lawsuit if the owner’s negligence meets one of the exceptions above. People who enter the property without permission, also known as trespassers, generally have fewer legal protections if they’re seriously injured on the premises.
Steps You Should Take after Suffering Slip-and-Fall Injuries
Slip-and-falls can cause serious injuries, even if the fall felt minor at the time. Amid potential pain and confusion, it’s important to know your rights and what to do next, whether or not wintry conditions were to blame.
1. Seek Medical Care Immediately:
- Even if you don’t feel severe pain right away, seek medical attention as soon as possible. Some injuries, like concussions or internal trauma, could be hidden initially.
2. Report the Incident:
- Report the fall to the property owner, manager, or landlord right away.
- If you’re in a commercial setting, ask for an official incident report and obtain a copy for your records.
3. Document the Scene:
- Take photos and videos of the hazard that caused your slip-and-fall, such as a wet floor, icy sidewalk, or walkway.
- Photograph your injuries and any conditions that contributed to the slip-and-fall.
4. Collect Witness Information:
- If anyone witnessed your slip-and-fall, ask for their contact info. Get names, phone numbers, and email addresses of witnesses. Witness testimony can be powerful evidence in building your case.
5. Preserve Evidence:
- Keep clothing, shoes, or personal items you were wearing at the time of the fall.
6. Keep Organized Records:
- Save all medical bills, receipts, prescriptions, and correspondence related to the incident. Medical records are proof of your pain, suffering, and injuries. Medical documentation helps prove the nature and severity of your injuries.
7. Avoid Giving a Statement to The Property Owner’s Insurance:
- Do not give recorded or detailed statements to insurance representatives or property owners. Insurance companies often attempt to use these statements to minimize or deny claims.
- Hire a slip-and-fall attorney near you for legal advice and representation.
Need Legal Advice For A Slip-and-Fall Claim? Let Spiros Law Examine Your Case.
Slip and fall incidents can result in painful and serious injuries, including broken bones, spinal cord injuries, or traumatic brain injuries. It’s easy to become overwhelmed by medical bills, lost wages, and the insurance process. When it comes time to hold someone responsible for your injuries, let Spiros Law take the reins.
If your slip-and-fall injury occurred around a property you were invited onto or a guest at, even at a local business or hotel, you may have a slip-and-fall case.
Our team of experienced premises liability attorneys can help evaluate your case, properly collect evidence, protect your legal rights, and guide you through the process.
We understand the life-changing aftermath of serious slip-and-fall injuries, from financial setbacks like lost wages to long-term health effects. While you focus on your recovery, we will focus on your legal rights in Illinois.
We are diligent and passionate about holding the negligent party and their insurance company accountable.
Disclaimer: This content is for general educational purposes only and is not legal advice. Past verdicts, settlements, case results, and client reviews do not guarantee similar outcomes. Every case is different and depends on its own facts, circumstances, and applicable law. Attorney advertising.
