Slip and fall victims often find their claims denied by insurance companies for various legal reasons. The law surrounding premises liability cases offers property owners, and their insurance carriers, several legal defenses. A slip and fall lawyer can help victims build a successful case and fight to get the compensation they deserve.
What Is a Slip And Fall Claim?
A slip and fall claims fall under premises liability. Slip and falls occur when a victim suffers an injury due to the presence of a dangerous condition on a property. Dangerous conditions arise because property owners fail to take care of their property. The Illinois Premises Liability Act imposes a duty on property owners to provide reasonable care to people that are present on the property. Property owners must ensure the property is reasonably safe and must perform maintenance.
How Is a Slip and Fall Case Investigated and Prepared?
To assert a successful slip and fall claim, a victim must prove a property owner knew or should have known of a dangerous condition, and failed to provide warning or remedy the condition. A slip and fall lawyer can gather crucial evidence such as photographs, surveillance video, and maintenance records. An attorney can also find and interview potential witnesses. An attorney can also use this evidence to defeat common defenses used in slip and fall cases.
How Are Legal Defenses Defeated?
Property owners may argue that they are not liable as they had no knowledge or reason to know of the existence of a dangerous condition on their property. Property owners may also argue that under Illinois’s modified comparative law, a victim is barred from recovering anything on the basis that the victim is 50%, or more, at fault. Building a strong case increases the likelihood that a victim’s case will overcome these defenses.
What Types of Compensation Can Be Claimed?
Victims can seek damages at trial based on the cost of their medical treatment, lost wages, and pain and suffering. Building a strong case increases the chances of obtaining a favorable verdict at trial. A well-prepared case creates a strong incentive for a property owner and his or her insurance carrier to settle out of court in lieu of proceeding to trial.