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Posted on in Slip and Fall

IL injury lawyerSlip and falls are a fairly common type of accident that may result in a negligence claim. Injuries from slip and fall accidents can be severe and have a major impact on your life. Proving that the owner or tenant of the place where you fell was negligent is necessary to recover damages, but can be difficult in some circumstances. If you were hurt in a slip and fall, it is very important that you contact a qualified attorney as soon as possible after the accident so that evidence can be preserved.

What Must be Proven in a Slip and Fall Case?

You and your attorney will need to prove that the person in charge of maintaining the property was careless. This involves proving that this person knew about the dangerous condition that led to your injury and failed to act. Often, the dangerous condition that caused your fall was temporary - such as the classic example of a spilled liquid on the floor. This is why timing is so important. The person responsible for the premises often cleans up the spill or otherwise remedies the dangerous condition very quickly after an accident.

Additionally, you and your attorney will need to prove that the responsible person knew (or should have known) about the dangerous condition. If you cannot prove that the responsible party was aware (or should have been) of the danger, you may not be able to recover. For example, a grocery store manager may argue that she and her staff were not aware of a spill that happened shortly before you slipped on it.

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IL injury lawyerWe usually hear about amusement park injuries when a catastrophic accident occurs on a roller coaster or other thrill ride. However, most amusement park injuries do not make the news. If you or a loved one were hurt in a slip and fall accident, swimming pool accident, or another accident caused by unsafe conditions at an amusement park, it is important to explore your legal options. You may be facing steep medical bills and other financial consequences because of your injuries. A premises liability claim against the amusement park may allow you to recover compensation.

Injuries at a Fair, Carnival, or Amusement Park

For many, visiting a carnival, amusement park, or other outdoor festivities is the best part of summer. However, an unexpected accident can turn a fun outing into a trip to the emergency room. The owners and managers of amusement parks, water parks, and carnivals are expected to keep the premises in a reasonably safe condition. When an unsafe condition causes a patron to be injured, the facility may be liable for damages.

Examples of unsafe conditions that could lead to an amusement park injury include:

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IL accident lawyerProperty owners have a responsibility to keep their property in a reasonably safe condition by law. Of course, knowing what constitutes “reasonably safe” can be extremely difficult. If you or a loved one were recently injured in an apartment complex, restaurant, bar, retail store, or even a residential property, you may be interested in filing a premises liability claim and recovering compensation.

A successful premises liability claim may provide financial compensation for medical expenses, lost income from missed work, pain and suffering, and more. However, it can be hard to know if you have a valid claim. Read on to learn about Illinois’s premises liability laws and what you should do if you or a loved one were hurt on someone else’s property.

Illinois Premises Liability Laws

Head injuries, spine injuries, broken bones, burns, and countless other injuries may be caused by unsafe conditions on a commercial or residential property. In Illinois, a property owner’s duty or legal obligation to visitors varies. Commercial property owners owe the highest duty to invitees. Patrons at a business such as a nightclub or grocery store would fall under the category of invitees. Licensees are people who enter a property for social reasons. Property owners are required to keep properties free from unreasonably hazards for invitees and licensees. Property owners have lowest duty of care toward trespassers.

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IL injury lawyerWhen people venture out on a shopping trip or to eat at their favorite diner, they do not expect to be put in danger of suffering an injury. Public places can include restaurants, office, condominium, or apartment buildings, fitness centers, grocery or clothing stores, and more. These establishments must abide by standard building codes to ensure the safety and security of staff, patrons, and residents. Conditions can be unsafe due to uneven pavement, worn or broken wood, damaged siding, and more. This can cause someone to slip and fall, which can result in minor to serious injuries. In some cases, a victim may be entitled to compensation if a negligent property owner is found to be in violation of building codes.

Premises Liability

Under the Illinois Premises Liability Act, business and property owners have a duty to keep their properties reasonably safe in order to prevent harm to their visitors or guests. If owners fail to take reasonable care, the state of Illinois can hold them accountable for any damages that result in their negligent actions. An amendment to the Act holds property owners to the same standard of care for both individuals who visit a property and that benefits the property owner (invitee) as well as people who come for their own amusement (licensee).

This legislation means that the premises must be properly maintained and void of hazards. If that is not possible, guests must be notified of any known defects or hazards before they enter. If owners or managers do not post adequate signage alerting of potential dangers, this can be considered negligence. The Act applies to visitors who are on the premises legally and are not trespassing.

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IL slip and fall accidentMany people all over the world have spent more time at home for the past few months due to the COVID-19 global health crisis. With only essential businesses open, a lot of stores have been temporarily closed to stop the spread of the virus. Online shopping has no doubt been a popular way to pass the time while still receiving merchandise. Truck and delivery drivers have been working amidst the pandemic, and in some cases, putting in overtime to meet the demands of remote store patrons. Busy essential workers who are delivering packages can often run the risk of injury for various reasons.

If the driver is an employee for the company they are working for, they may qualify for workers' compensation benefits through the company for any injuries they sustain while performing their work duties. However, many delivery drivers are subcontractors and are considered self-employed. In these situations, the driver would not qualify for workers' comp benefits because they are not considered an employee. Instead, their only legal option for financial compensation for injuries is through a personal injury claim or lawsuit.

The following are a few ways that they can be hurt while performing their job duties, which is not just driving.

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