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Bradley S Dworkin & Domenic Maciariello

Dworkin & Maciariello Attorney at Law

The Illinois Hammer

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Slip & Fall

Slip and fall accidents occur when an individual slips or trips on someone else’s property and ultimately sustains an injury. Thousands of individuals endure slip and fall accidents on an annual basis because property owners have not provided safe conditions. If you suffer as a result of a slip and fall accident, our personal injury lawyers serving Illinois are ready to fight for you.

What is a Dangerous Condition?

Many slip and fall accidents stem from the same unsafe conditions. Examples of dangerous conditions include uneven flooring, poor lighting, narrow stairs, torn pieces of carpeting, cracked sidewalks, uncleaned spills, potholes, unshoveled snow, and ice. A personal or business space that is available to the public must provide upkeep of these spaces for the safety of the public, or display signs and warnings if an area is dangerous. 

Proving Fault

The key step in slip and fall lawsuits is proving fault. In order to be held legally responsible for the injuries of the individual who tripped and fell, at least one of the following statements must be true:

  • Either the premise owner or an employee needs to have caused the accident
  • Either the premise owner or an employee needs to have had knowledge about the dangerous surface and done nothing about it
  • Either the premise owner or an employee should have known about the dangerous surface because a “reasonable” person caring for the property would’ve found it and repaired it

Our personal injury lawyers find the third scenario is the most common type. However, it can also be the most complicated type of slip and fall case. The phrasing “should have known” contributes to complications, and in this case, common sense plays a large factor in the judge’s decision. The steps that were taken by either the premise owner or the employee to keep the property safe need to have been reasonable. 

What is Considered “Reasonable?”

To determine what steps are considered to be “reasonable,” the law looks at whether or not the owner was making an effort to maintain the property. For example, the judge may ask themselves “how long was the danger present?” or “was there a safer place nearby that an object that caused injury could have been located?”

Call us for Help Filing your Slip and Fall Claim

If you have been injured on someone else’s property, whether personal or at a place of business, and you are considering filing a slip and fall claim, call our team at The Illinois Hammer Law Firm today. 

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