Slip and Fall Law Firm in Chicago, IL

What is the Process for Proving Negligence in a Chicago Slip and Fall Case?

Negligence is difficult to prove for any slip and fall law firm. In order to be held liable for a slip and fall case, your Chicago slip and fall law firm must prove that the property owner was negligent in each of these elements:

• The property owner owed you a duty of care.
• The owner breached that duty of care.
• The breach caused your accident and injuries.
• You have damages resulting from the accident.

Proving that a property owner should have known of a hazardous surface can be challenging, but our Chicago slip and fall law firm has experience doing just that. For example, if a slip and fall injury occurred on a wet floor in a grocery store, a crucial issue for your slip and fall law firm will be how long the floor was wet. The longer the floor was wet, the more likely it is that the store owner knew or should have known that the floor was wet and failed to warn customers or otherwise guard against slip and falls. And that is exactly what your Chicago slip and fall law firm will prove..

What is the Slip and Fall Statute of Limitations in Illinois?

The Illinois statute — 735 Illinois Compiled Statutes section 5/13-202 — says that any actions taken by you and your Chicago slip and fall law firm “shall be commenced within two years” of the accident. This means that the clock starts ticking immediately after the accident, not necessarily the injury, and that your slip and fall law firm needs to file suit against a specific person or business within that two-year window.

In proving liability in your slip and fall case and holding the property owner accountable, your slip and fall law firm must prove the property owner knew, or should have reasonably known, about a dangerous condition but failed to take appropriate action to protect you. If you have any questions regarding any part of the statute or a slip and fall claim, be sure to call your Chicago slip and fall law firm today at 312-500-HURT or contact us for a free consultation.

What is Comparative Negligence in a Chicago Slip and Fall Claim?

Illinois has a modified comparative negligence rule. This means that in a slip and fall case any damages awarded to you will be reduced according to the percentage of your fault in the accident. A court might find that the property owner was 80% liable, and that you are 20% liable, which would lessen the amount of compensation you could receive. In this scenario, if the court finds that your damages equal $10,000, the owner would only be responsible for paying $8,000. The same rule applies if the case is settled through your slip and fall law firm outside of court.

It is important to note that if you are deemed more than 50% at fault, your Chicago slip and fall law firm cannot recover any damages. Gathering the evidence and proving a slip and fall case is incredibly complex. That is why you need the Chicago slip and fall law firm of Burger Law on your side. The slip and fall law firm works hard to prove the possessor’s liability — that the property owner is negligent with respect to the ownership and/or maintenance of the property — and hold them accountable for putting you in a harmful situation. The Chicago slip and fall law firm of Burger Law gets the compensation you deserve for your injuries, damages and pain and suffering. Call us now at 312-500-HURT or contact us.

What Are Some Arguments Chicago Property Owners Tend to Make Under Comparative Negligence?

Unfortunately, oftentimes the opposing party — and particularly their insurance company — will resort to grasping at straws to make arguments, whether or not your case goes to trial. Thankfully, your Chicago slip and fall law firm has been around that block. Several times, in fact. You slip and fall law firm will not let them get away with slippery tactics. Some of these “arguments” include:

• The dangerous property condition should have been obvious to you.
• You were using the phone, or you were otherwise distracted, at the time the accident occurred.
• You were in a part of the property where customers/visitors are not usually allowed, or where you are not expected to be.
• You were wearing footwear that was inappropriate or dangerous considering the circumstances.