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Frequently Asked Questions

According to the Law.com Dictionary, a slip and fall is a type of “personal injury law where the victim slips on something on the floor that was the result of negligence that leads to an injury and subsequent lawsuit against the owner of the premises.”

If you fall at work, you may file a worker’s compensation claim to pay for your medical bills and any wages lost while you were recovering. Generally speaking, you cannot file a separate lawsuit against your company because worker’s compensation will cover your injuries. But, if the accident was caused due to the negligence of a third party, you may be able to file a slip and fall lawsuit, too.

Unfortunately, this is all too common, but that does not mean they are not responsible for your injuries. Property owners, and subsequently their insurance companies, will deny responsibility for your slip and fall accident which is why it is important to hire a lawyer to represent you. Your legal team will prove the property owner, or someone acting for them, such as a manager, had a duty of care to any visitors on the property and failed to uphold that duty.

Who is Responsible for a Slip and Fall Accident?

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.” They are 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.

 

Common Locations of Accidents in Edwardsville

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

 

 

Common Edwardsville Slip and Fall Accidents

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 the winter months when ice storms plague the southern Illinois area. 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 premise 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 about the ice.

 

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 areas maintained by the Edwardsville Parks Department alone. There are also more than 130 miles of Madison County trails, managed by the Madison County Transit department. While all of this publicly available space is great, the vast size of space is hard to manage, and local government sometimes falls short of mitigating Edwardsville slip and fall accidents.

The local government cannot be held responsible for all Edwardsville slip and fall accidents, though. 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 expect to cause them to suffer an injury. This also means that these residents should be aware of their surroundings and try to avoid and 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.

Edwardsville Slip and Fall Lawyers

If you do fall and suffer injuries, please don’t hesitate to reach out to an Edwardsville injury attorney. 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.

Brody, Jane E. “How to Prevent Falls.” The New York Times, The New York Times, 8 Jan. 2018, www.nytimes.com/2018/01/08/well/how-to-prevent-falls.html?

“Definition of SLIP AND FALL.” The Law Dictionary, The Law.com, 12 July 2014, dictionary.thelaw.com/slip-and-fall/.

“Edwardsville, IL | Official Website.” Edwardsville, IL | Official Website, www.cityofedwardsville.com/.

“Fatal Falls: Deaths from Falling Per 100,000 People Age 65+ in 2015.” AARP Virginia Bulletin, Apr. 2017, p. 44., static01.nyt.com/packages/pdf/health/FatalFallsMap_PDF.pdf.

“How to Avoid a Dangerous Fall.” FOX2now.Com, 9 Jan. 2018, fox2now.com/2018/01/09/how-to-avoid-a-dangerous-fall/.

“Important Facts about Falls.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html.

“MCT Trails and Tourism.” Madison County Transit, 7 Apr. 2017, www.co.madison.il.us/MCT%20Trails%20Presentation%20for%20MIC%20Summit.pdf.

Tips for Preventing Slip & Fall Accidents. University of Idaho, www.uidaho.edu/-/media/UIdaho-Responsive/Files/cals/college/Resources/Safety/preventingslips.ashx.

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