Edwardsville Slip and Fall Lawyer

According to Illinois law, the party who is in control of the property (premises) is the individual or group who currently occupies and controls access to the premises. For example: Under these conditions, a tenant or construction crew may be liable for any injuries that an invited party suffers while on the property, even though they are not the owners of the property. Illinois law defines a duty of care as “an obligation that the party controlling the property owes to any parties invited onto the property.” The party in control of the property is obliged to mitigate any injuries to the invited parties by creating a safe and functional environment on their property. Failure to meet these duties can result in injury victims on the property, such as a slip and fall accident that causes injuries. If the duty of care is not met, the injured party has a right to take legal action.  

Determining liability for a slip and fall incident can be confusing or difficult. Victims must first consider whether the area the incident occurred in was kept up to standard by the property owner, or whether the area where the incident occurred could not be altered to avoid these types of incidents. 

If the area was not kept up to standard, properly cleaned, or deteriorated over time to an unsafe state, the party in control of the property could be held liable. If the incident occurred because of an object that is serving a clearly defined purpose, such as a drainage grate or sewer cap, the case may be far more difficult to fight in your favor.  According to Nolo, one of the following statements must be true to determine liability in a slip and fall incident:

• The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.

Slip and fall accidents can happen anywhere where a hazardous property poses a threat to visitors. Some of the most common locations include:

• Private properties such as homes & apartments
• Private businesses
• Private & public parking lots
• Public parks, trails, & walking paths
• Sidwalks, especially during winter months

   

Two of the most common accidents include:

Slip and Fall on Ice One of the more common ways that slip and fall accidents occur is on ice. These accidents are most prevalent in winter months. According to premises liability law, business owners and private property owners are legally obligated to mitigate injuries to individuals who they have invited onto their property. This means that the individual who maintains the premises must ensure, to the best of their ability, that invitees are not injured by slipping on ice or snow. The owner has a duty of care to all invitees and can meet this duty of care by either getting rid of the ice or properly warning people.   Slip and Fall in Public Areas There are a lot of publicly shared areas in Edwardsville and surrounding communities. There are more than a dozen parks and public recreation areas maintained by the Edwardsville Parks Department alone. There are also more than 130 miles of Madison County bicycle/walking trails, managed by the Madison County Transit Department. While all of this publicly available space is great, the vast size of the space makes it hard to manage, and the local government sometimes falls short of mitigating Edwardsville slip and fall accidents. The local government cannot be held responsible for all slip and fall accidents that occur on public property. When community members are using the publicly available space, there is an understanding that they will do everything in their power to mitigate potential injuries. Basically, this means that residents who use the parks and public spaces do not participate in activities or actions that would reasonably lead them to suffer an injury. This also means that residents should be aware of their surroundings and try to avoid or report any potentially hazardous areas. But if a hazardous area is not immediately obvious to residents of the park, by either not being easily recognizable or not being marked as unsafe, the City of Edwardsville or Madison County can be held liable for any injuries that occur because of this hazard. Whether or not the liability falls on the city or county depends on the situation.

735 Illinois Compiled Statutes section 5/13-202 states that the statute of limitations for slip and fall incidents is two years. Meaning, you must file a lawsuit against the person/business/party responsible within two years from the day the slip and fall incident occurred.

If you suffer injuries from a slip and fall incident, don’t hesitate to reach out to an Edwardsville injury attorney at TorHoerman Law. These types of injuries often require timely and costly care that may cause an emotional and/or financial burden; personal injury lawyers can help with these burdens. An experienced Edwardsville slip and fall lawyer at TorHoerman Law Firm is here to help you with any questions you may have. Contact us today for a no-obligation, free consultation.