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Overview
A slip and fall is a type of premises accident. These types of accidents occur frequently and unexpectedly all over the United States, including in Chicago, Illinois and its surrounding communities of Oak Park, Evanston, Skokie, Naperville, Aurora, Joliet, Cicero, Elgin, and Schaumburg. These incidents often occur in unfamiliar locations such as hotels, restaurants, and retail establishments. Many of the slip and fall accidents which occur in Chicago involve visitors from out of state or tourists exploring the city. However, that is not always the case. Any commercial establishment, including grocery stores, office buildings, and shopping centers, can be a location for a slip and fall. Whether you were injured while traveling or while visiting your local hangout, it is important you consult a Chicago personal injury attorney for immediate help. Prior to meeting with your attorney, it is important to gather as many documents as possible that relate to your fall.
Have you or someone you know suffered injuries from a slip and fall accident? Have you tried in vain to obtain compensation from another party for reimbursement of medical bills and pain and suffering? Have pain, loss of wages, and increasing medical bills put a strain on your relationships?
If you answered “yes” to any of the above, you need someone to fight for you. No one should have to endure the pain and anguish of physical injuries such as head and spinal cord injuries and then be required to fight for their just compensation. Our experienced personal injury attorneys at Paul Padda Law will aggressively pursue your lawful claim originating from a premises liability accident.
Take Action Immediately After a Slip and Fall
Falling in public can be embarrassing. Most people in this situation are more focused on their embarrassment than anything else. However, slip and fall accidents can lead to very serious injuries. At Paul Padda Law, we have had clients sustain brain and spinal injuries because of slip and fall accidents. If you find yourself the victim of a slip and fall, take a moment to gather yourself and do not focus on embarrassment. Accidents of this kind can happen to anyone.
Filing an incident report is one of the most important steps because it helps create a record of your injury and it places pressure on the landowner or their agent to correct the hazardous condition. Make sure you file an incident report and receive a copy of the incident report for your own records. If you fall while at a grocery store or other commercial establishment, you should insist on filing an incident report.
Common Injuries from Slip and Fall Accidents
Victims of slip and fall accidents endure various injuries, including:
Broken Bones and Fractures
The trauma of a slip and fall injury can lead to a bone fracture. Typical fractures in slip and fall accidents include hip and transverse fractures. The severity of a bone fracture depends on the force of impact.
With a bone fracture, the affected body part will be painful and have a limited range of motion. Other symptoms include:
● Swelling
● Tenderness
● Bruising
● Deformity
● Numbness or tingling
● Inability to bear weight
Traumatic Brain Injuries
A slip and fall injury can cause a violent blow or jolt to the head or body. An object that pierces the brain tissue, including a shattered piece of skull, can cause a traumatic brain injury. A mild traumatic brain injury may affect the brain temporarily.
A severe traumatic brain injury can cause brain bruising, bleeding, torn tissues, and physical damage to the brain. Traumatic brain injuries may also trigger long term complications or death.
Complications of traumatic brain injuries include:
● Altered consciousness
● Physical complications
● Cognitive problems
● Communication difficulties
● Behavioral changes
● Emotional changes
● Sensory problems
Broken Wrist
If you are falling, the human instinct is to brace yourself by relying upon the hand to cushion or break the fall. However, this immediate and sudden impact can lead to a broken wrist. This is another very common injury that results from slip and fall accidents.
Knee Injuries
You can sustain a knee injury after a slip and fall accident as you twist during a fall. Knee injuries involve trauma of one or more tissues comprising the knee joint, including tendons, ligaments, bones, muscles, and cartilage.
Common knee injuries include:
● ACL injuries
● Fractures
● Torn meniscus
● Knee bursitis
● Patellar tendinitis
A healthcare provider may recommend surgery if other treatment plans have not helped. Surgery might be necessary to fix a damaged ligament, torn tendon, or bone fracture.
Sprained Ankle
A sprained ankle injury occurs when you twist, roll, or turn in an awkward way. In a slip and fall accident, you are likely to make an unusual or uneven step, which can stretch or tear bands of tissue (ligaments) that bind your ankle bones.
Ligaments stabilize joints by preventing excessive movement. A sprained ankle occurs when ligaments are forced beyond their normal range of motion.
The symptoms of a sprained ankle vary based on the severity of the injury, including:
● Pain
● Swelling
● Bruising
● Tenderness
● Instability
● Inability to bear weight
Improper treatment of a sprained ankle may lead to chronic ankle pain, chronic joint instability, and arthritis.
Spinal Cord Injuries
Slip and fall accidents can cause serious damage to the spinal cord, resulting in temporary or permanent paralysis, loss of sensation, and other life altering complications.
Soft Tissue Injuries
Sprains, strains, and tears to muscles, ligaments, and tendons are common in slip and fall accidents and can cause significant pain and mobility limitations.
Establishing Liability in Slip and Fall Cases
To successfully make a claim based upon a slip and fall and to win such a claim, you have to prove four elements:
- The property owner owed you a duty of care
- The property owner breached that duty of care
- The property owner’s breach of duty was the actual (but for) and proximate (foreseeable) cause of your injuries
- You sustained compensable damages in the form of economic (medical bills, lost wages) and non-economic (pain and suffering) damages
At Paul Padda Law, we have significant experience and success with slip and fall cases.
During the initial consultation, the slip and fall attorney will ask many questions about how the fall occurred and the injuries you sustained as well as any subsequent medical treatment. This allows the attorney to become more familiar with your case and to determine important issues necessary to move your case forward.
Understanding the Duty of Care
The first issue your slip and fall lawyer would review is if the landowner owed you a duty of care while you were on the property. The three classifications you may fall under as a visitor to the property are trespasser, invitee, and licensee. Understanding which classification applies to you will help establish what duties the landowner owed you.
● Trespasser: A trespasser has the least amount of protection from a landowner’s negligence. Typically, landowners do not have a duty to a trespasser with the exception that a landowner cannot willfully cause injury to the trespasser.
● Licensee: A social guest or someone on the property for their own purposes. Property owners must warn licensees of known dangerous conditions.
● Invitee: A business visitor or someone invited onto the property for the property owner’s benefit. Property owners owe invitees the highest duty of care, including regular inspections and maintenance to ensure safety.
Common Causes of Slip and Fall Accidents
Slip and fall accidents occur when property owners fail to maintain their property or warn people about hazardous conditions. Common causes of slip and fall accidents include:
● Wet or slippery floors
● Uneven or damaged flooring
● Poor lighting
● Cluttered walkways
● Loose or torn carpeting
● Icy or snowy sidewalks and parking lots
● Defective stairs or handrails
● Inadequate warning signs
● Debris or obstacles in walkways
● Recently waxed or polished floors
Property owners must keep their premises safe for visitors, whether in business, private residences, or public facilities.
Duties of Property Owners in Chicago
The duties of property owners to an invitee in Chicago under premises liability include:
● Regular Inspections: Conducting routine inspections to identify and address potential hazards
● Prompt Repairs: Fixing dangerous conditions in a timely manner
● Adequate Warnings: Posting clear warning signs about known hazards that cannot be immediately repaired
● Proper Maintenance: Keeping walkways, stairs, parking lots, and other areas in safe condition
● Adequate Lighting: Ensuring sufficient lighting in all areas accessible to visitors
● Snow and Ice Removal: Clearing snow and ice from walkways and parking areas within a reasonable time
Property owners can take the following steps to minimize the risk of accidents:
● Implement regular cleaning and maintenance schedules
● Address spills and hazards immediately
● Install proper lighting throughout the property
● Use nonslip flooring materials
● Keep walkways clear of obstacles
● Conduct regular safety inspections
● Train staff to identify and address hazards promptly
Parties Liable for Slip and Fall Accidents
A slip and fall accident may involve various liable parties, such as property owners, managers, and sometimes multiple insurance companies. How do you know whom to contact? Having a reputable liability injury lawyer is crucial to your success in determining liability and, ultimately, in obtaining a favorable judgment and settlement.
Potentially liable parties include:
● Property owners
● Property managers
● Landlords
● Retail store operators
● Restaurant owners
● Maintenance companies
● Snow removal contractors
● Construction companies
What Compensation Can You Recover?
You may be entitled to compensation after sustaining an injury in a slip and fall accident caused by the negligence of another party. You may be entitled to three types of damages, including economic, non-economic, and punitive.
Economic Damages
Economic damages are intended to compensate injured victims for financial losses associated with the injury. They have a direct dollar value, allowing an injured victim to estimate their potential settlement value.
Examples of economic damages in a slip and fall accident include:
● Medical expenses (past, present, and future)
● Lost wages and income
● Loss of earning capacity
● Rehabilitation costs
● Medical equipment and assistive devices
● Home modifications
● Transportation expenses
Non-Economic Damages
Non-economic damages compensate injured victims for intangible losses associated with the slip and fall accident. You can be entitled to various non-economic damages depending on the nature of your injury, such as:
● Pain and suffering
● Emotional distress
● Loss of enjoyment of life
● Loss of consortium
● Disfigurement
● Disability
Punitive Damages
Depending on the defendant’s conduct, a judge or jury can award you punitive damages. The role of punitive damages is to punish the defendant if they are guilty of serious misconduct. It also deters the defendant or others from engaging in the misconduct that led to the accident.
What Determines the Value of Your Case?
Each claim will differ based on the type of injury sustained and where the accident took place, whether on private, commercial, or public property. What other factors will we consider in determining the value of your case? Here are a few:
● Severity and permanence of injuries
● Total medical expenses incurred
● Future medical needs
● Lost income and earning capacity
● Impact on quality of life
● Strength of evidence
● Property owner’s degree of negligence
● Comparative fault, if any
At Paul Padda Law, we have handled thousands of cases with decades of experience. We are uniquely qualified to assess the nuances of your case so you can obtain the maximum amount possible for your claim.
Illinois Statute of Limitations for Slip and Fall Cases
In Illinois, the statute of limitations for personal injury claims, including slip and fall accidents, is two years from the date of the accident. This means you must file your lawsuit within two years, or you may permanently lose your right to seek compensation.
There are some limited exceptions to this deadline, so it is critical to consult with an experienced slip and fall attorney as soon as possible after your accident to protect your rights.
Contact Our Chicago Slip and Fall Attorneys Today
It is easy to get discouraged when talking to friends and family, or even by the unsolicited “friendly advice” of strangers about your accident. Only an experienced injury attorney can tell you for sure whether you have a legally valid claim.
If you were involved in a slip and fall accident in Chicago, contact Paul Padda Law right away to schedule your free case evaluation. Victims may be eligible to receive compensation because of the injuries that they suffered.At Paul Padda Law, our attorneys have significant experience handling slip and fall cases. These are often complicated cases requiring thorough investigation and the selection of appropriate experts that can help make a strong case in your favor. If you are looking for outstanding slip and fall attorneys to represent you, you need to call us today at (312) 702-7000 or get in touch with us through our website.