Proving negligence in a slip-and-fall case requires showing that the property owner failed to maintain a safe environment. For your case to be successful, this failure must be the direct cause of your injury.
Illinois law follows certain principles to establish negligence. It is important to fully understand these laws so you can take a strong stance in presenting your injury claim.
Duty of care
The first step in proving negligence involves demonstrating that the property owner owed you a duty of care. Illinois premises liability law states that property owners must ensure that their premises are safe for visitors. This includes fixing hazards and providing warning of known dangers. The level of responsibility owed to you varies depending on whether you are a customer or a social guest. For example, businesses owe a higher duty of care to customers, while residential owners owe relatively less to an invited guest.
Breach of duty
After establishing that the property owner had a duty of care, the next step is proving that they breached this duty. A breach occurs when the owner fails to take reasonable steps to prevent dangers on their property. This can include not fixing a leaking pipe, failing to clear snow and ice or leaving obstacles in a walkway. Take steps to obtain evidence like maintenance records, photos or video footage to help show that the property owner failed to take reasonable actions to prevent accidents.
Causation
It is also necessary to prove that this breach directly caused the slip-and-fall accident. In Illinois, the injured person must demonstrate that the property owner’s negligence led to their injury. For example, if a customer slipped on a wet floor that was not properly marked with a warning sign, this could establish causation.
Damages
You must show that the slip-and-fall caused actual harm. Be prepared to present medical bills or evidence of lost wages. Medical records, receipts and witness testimony can help prove the extent of these damages. Keep in mind that even your mental or emotional suffering can constitute recoverable damages.
It can be overwhelmingly difficult to pursue a personal injury case while you are still recovering from the injury itself. However, you can proceed with confidence by following the straightforward steps provided by Illinois premises liability law.