What’s Your Case Worth?
Trip and fall cases really fall into two main categories: (1) uneven surfaces where people walk, including bunched up carpets, step-offs in floors, differentials between sidewalk slabs, cracked, uneven, or deteriorated sidewalks or pavement, or uneven steps or stairs, and (2) objects left on the ground or floor where people are prone to trip over them.
Whether your case involves an uneven or cracked walking surface or an object left where you tripped over it, the rules of law are essentially the same. In every trip and fall case, the main issues are: Is the tripping condition an unreasonably dangerous condition?; did the property know or should he have known of the condition?; and did the property owner take measures to remedy the tripping hazard. Trip and fall cases are sometimes are sometimes hard to predict – you need the help of personal injury lawyers in Chicago to guide you through the process.
Most trip and fall cases turn on whether the property owner had “notice” of the tripping hazard. The issue of whether the owner had “notice”, in plain English, means whether he “knew or should have known” of the tripping danger. If the injured trip-and-fall victim can prove “notice”, and the owner failed to fix or remedy the tripping hazard, then it follows that the owner did not act reasonably, failed in his duty, and is responsible for the injuries.
If the property owner created the hazard through some affirmative act, then it is not generally necessary to show he had “notice” of the defect. For example, if a property owner builds a step that later collapses under the weight of a guest, the owner may be held accountable for the resulting injuries even though the owner did not have “notice” that the step was a hazard. The premises owner is responsible not because he was aware of the hazard, but because he negligently built the step. He obviously did not follow good and safe step-building practices.
Other issues that come up in trip-and-fall cases are: Was there a good reason for the object tripped over to be there? Was it better and safer place to put it? Could a barrier or a warning sign have been placed near the tripping hazard? Did poor lighting play a part in the trip-and-fall victim’s failure to notice of see the danger? A competent trip-and-fall attorney and personal injury lawyers, Chicago, will explore and investigate all these issues.
If you have been seriously injured as the result of a trip and fall, the Chicago trip and fall lawyers at Willens Law Offices can help protect your rights and assist you in recovering monetary compensation that you need and deserve. Contact us today at 312-957-4166 to find out how we can help you.
The Illinois attorneys of Willens Law Offices represent individuals and families in personal injury, medical malpractice, wrongful death and workers’ compensation matters throughout Illinois, including Cook County, DeKalb County, DuPage County, Kane County, Kankakee County, Kendall County, Lake County, McHenry County, Will County, Winnebago County and many other of Illinois’ 102 counties, far too numerous to list here. © Copyright 2012 Willens Law Offices